“These causes came before the court upon the following case agreed. Peter Fretwell, being in his life time and at the time of his death, seised of a tract of land containing 1705 acres, including the premises in question, by his last will bearing date in January 1718, devised the same as follows: ‘unto my well beloved and only daughter Elizabeth Fretwell, alias Wright, and to her husband Jonathan Wright, all the remaining part of my estate, not sold in my life time, both real and personal, to them, their heirs begotten of their bodies, or assigns for ever, or for want of such heirs or assigns, then to the heirs begotten by, or of either of them, and to their assigns for ever; all which estate is given as a portion to my dear and only daughter aforementioned.’”