“This was an ejectment to recover two hundred and forty acres of land called the Windmill Tract. After proving that Deborah West, and her husband, Thomas West, lived upon the premises until his death in 1770, and she continued to live on the land, during .the residue of her life time, and that she died seised thereof sometime about December 1778, leaving by her husband Thomas, three children, Charles, the eldest, Joseph and Mary; the plaintiffs’ counsel gave in evidence the will of Deborah West, dated the 30th of March 1777, by which she devises to her sons Charles and Joseph, all her fishing place and land belonging thereto, in fee simple; and, after some pecuniary bequests, she gives to her son Joseph, and to her daughter Mary, all the rest and residue of her estate in fee, to be equally divided between them.”