Kyte v. Kyte

Bergen, Y. C.

George Kyte died seized of real estate, leaving a last will and testament in which he devised his land as follows: “Second. I give and devise unto my wife, Jane Josephine Kyte, for herself and her children any and all real estate that I may die seized of.”

The wife and the defendant James -F. Devine entered into a written agreement for the conveyance and purchase of a portion of the testator’s real estate, which contract the defendant Devine refuses to fulfill, offering as an excuse that the wife was not, under the clause of her husband’s will above set out, empowered to convey a…