Newport Hospital v. Harvey

This case formerly was here on erroneous certification. 47 R. I. 382. The Attorney-General has been made a party since it went back to the Superior Court and it now comes to us on respondent’s appeal from a decree directing him to specifically perform a contract by which he agreed to purchase certain real estate from complainant.

No question of fact was raised. The legal question is whether complainant can convey the land in fee simple. This depends upon the construction to be given to a paragraph of the will of John Alfred Hazard, late of Newport, who died May 2, 1880, and which will,…