Ex Parte Brogden

Claeic, C. J. The court below properly held that neither of the two husbands surviving take anything as tenants by courtesy. The will having directed the realty to be sold and proceeds divided, it became personalty. The court also properly held that the provision that the proceeds should be equally divided between the persons referred to should be construed as a devise per capita, and not to the children of the sisters per stirpes. Culp v. Lee, 109 N. C., 677, and numerous cases there cited. This is simply a devise to the eight persons named, the words “two sisters’ children” being merely descriptive. The words “equally divided” can mean nothing" except per capita. Hastings v. Earp, 62 N. C., 5. Besides, the legatees are all named in the will, and such being the case, they always take per capita. Waller v. Forsythe, 62 N. C., 353, cited and approved, Howell v. Tyler, 91 N. C., 212. This is a general rule, except when a contrary intent appears “by looking into the other provisions of the will.” Howell v. Tyler, supra, 213, citing note to Bryan v. Scott, 21 N. C., 155. To the same purport, Marsh v. Dellinger, 127 N. C., 364, and 40 Cyc., 1473, 1491, and cases, cited. These legatees named are of equal degree to the testator, which is taken into consideration in cases where the intent of the testator is at all doubtful. “Whenever, as a class, the beneficiaries are individually named or designated by their relationship to some ancestor, living at the date of the will, whether to the testator or to some one else, they share per *159 capita by natural inference, and not per stirpes. Scbouler on Executors, p. 683; Shull v. Johnson, 55 N. C., 202. Fannie Buchanan, who was living at the death of the testator, was entitled to one-eighth, which is to be divided between her seven children, the children of her daughter, Mrs. Rowland, taking their mother’s share (one-seventh of one-eighth) between them. Her brother, Johnie Rogers, is entitled to one-eighth, and the six children of the other sister of the testator, i. e., the four Marcoms, Lena Conyers, and Lula Upchurch each take an eighth. Affirmed.