Burdge v. Walling

The Chancellor.

The object of the bill and the motion to dismiss it, is to-speedily obtain a construction of the will of Phebe Murphy, deceased. No objection is .made because of the lack of necessary parties to the suit.

Mrs. Murphy died in 1853, and her will, which is without date, was admitted to probate on the 2d day of November, in the same year. After making provision for the payment of debts, the will continues in these words :

“ Item. I give and bequeath unto my son Timothy all the property left by my late husband, or such of it as may remain after my decease, except as¡ follows:

“Item. In…