Neil v. Neil

The action is brought for partition of three parcels of real estate in the borough of Manhattan, city of New York. One question discussed in the briefs submitted is whether the will of James Neil, deceased, passed to the defendant Jessie Neil, his widow, the testator’s right, if any survived his death, in the real estate in question. The first paragraph of his will is as follows: “ First. I direct that all my just debts be paid. After such payment and after pay*356ment of funeral and testamentary expenses I give, devise and bequeath all my estate, both "real, personal and mixed, of every kind and…