Ellison v. Miller

Charles Ellison, the plaintiff, seeks to recover one equal fifth part of certain lands in the town of Hempstead, county of Queens, described in the declaration. The plaintiff claims as tenant by curtesy, as husband of one of the daughters and heir at law of Henry Miller deceased. The marriage *333and death of the wife, and living isane of the marriage in the life time of the wife, were admitted upon the trial; but her seisin depends upon the legal effect to be given to the will of her father. This will was made and published on the 27th of November, in the year 1813, and was not afterwards…