In re the Estate of DeForest

Howell, S.

The petitioner, Edward Ketchum, seeks a construction of paragraph “ second ” of the testator’s will and urges that it be so construed that the petitioner is entitled to a legacy thereunder.

In order properly to construe such paragraph, it is necessary to take into consideration the surrounding circumstances in the light of which the paragraph in question should be interpreted.

The testator had homes in the city of New York and at Cold Spring Harbor in the town of Oyster Bay. He and his wife spent the winter in New York city and the summer, usually, at Cold Spring Harbor, moving from…