CONTEE v. DAWSON. 271

daughter Margaret Russell Clerk, who shall be living at her death;
and who being a son, or sons, shall then have attained, or shall
afterwards live to attain the age of twenty-one years; or who being
a daughter or daughters shall then have attained the age of twenty-
one years, or been married, or shall afterwards live to attain that
age, or be married, to be equally divided between such children, if
more than one, as tenants in common. But if my said grand-
daughter Margaret Russell Clerk, shall have only one child living
at her death, who being a son, shall then have attained, or shall
afterwards live to attain the age of twenty-one years; or who being
a daughter, shall then have attained the age of twenty-one years, or
been married; or shall afterwards live to attain that age or be mar-
ried, then upon trust to assign, transfer and pay the said last men-
tioned sum of £1,500, or the stocks, funds, or securities in or upon
which the same shall be invested as aforesaid, unto such only
child for his or her own absolute use. And in case my said grand-
daughter Margaret Russell Clerk, shall have no child or children
who shall live to become entitled to the said last mentioned sum of
£1,500, or the stocks, funds or securities in or upon which the
same shall be invested as aforesaid, unto my grandson John Clerk,
for his own absolute use.'

The testatrix in the same will had given a legacy to her grand-
daughter Eleanor Lee, who was a native, and then a resident of
England, and a subject of the British king; and as such incapa-
ble of taking real estate in Maryland and Virginia by descent, from
several relatives from whom, but for her incapacity, in respect of
her alienage, she expected and might obtain a large amount of
property in common with her sisters who were citizens of the
United States. In reference to this state of things, and to make
some indemnity to her grandaughter Eleanor Lee for any loss
she might thus sustain, the testatrix Ann Russell added the follow-
ing codicil to her will:

'Understanding, that my grandaughters in America, viz. Mrs.
Sarah Contee, Miss Ann Lee, and Mrs. Magaret Russell Clerk, in-
tend to contest their sister Eleanor Lee's right to her share of her
grandfather's, grandmother's, father's and mother's lands and
personal estate in Maryland and Virginia, I hope and trust they
are not so unnatural; if it prove so, I will and desire, that every
shilling I have left them in my said will, be paid my dear Eleanor
Lee, added to the legacy I have left her in my will, as a compensa-
tion for what she loses by their cruelty; but if they do not contest