“Ejectment for land. The cause turned altogether upon the consideration of a clause in the will of Thomas Arnold, and was argued on the following statement of facts, agreed upon by the parties. ‘At the time of the making of Thomas Arnold's will, and also at the time of the testator’s death, Peleg Arnold was under the age of twenty-one years, being the testator’s youngest son. John Arnold was the second son of the testator, and was then over twenty-one years of age; and Thomas Arnold was the testator’s eldest son. These three sons were by different wives. Peleg Arnold lived to be upwards of sixty years of age, and died in February, 1820. without ever having had lawful issue. The estate now in question, is that which was devised to Peleg. The plaintiffs claim under Thomas, and the defendant under Peleg.”