by John Marshall

“ The testator adds, 'to those of their children that my wife may think proper, but in a greater proportion to F. P. H. than to any other of G. H.'s children, to E. P. B. in a greater proportion than to any of A. B.'s children.'
These words show, that the inequalities intended by the testator were between children of the same family, not between the families. Francis P. Holloway was to have more, not than any of those who took under the devise, but than any other of G. Holloway's children. ”

“ We think it perfectly clear, that the families take in equal proportions.
It is reasonable to suppose, that the same intention was preserved with regard to the families of Cyrus and John T. Griffin, and the words must receive the same construction if not controlled by those with which they are connected. Had the devise been to the families of Cyrus and John T. Griffin, the natural and obvious construction would have been, that the families took equally. ”

“ Whatever may be the number of persons composing the family, and however unequal may be their number, they take, collectively, distinct and equal shares by families; each family constituting an individual devisee. ”