O'Hara v. Dever

Davies, Ch. J.

This is a case made and submitted to the General Term of the Supreme Court, for the purpose of obtaining a construction of the last will of Peter O’Hara, deceased. The clause of the will upon which the controversy arises is- in these words: “ Fifth, I give, bequeath and devise-all the rest, residue and remainder of my estate, both real and personal, to my son, Edward *559Lawrence O’Hara, and daughter Oecelia A. O’Hara, to, he divided between them, share and share alike, subject, nevertheless, to the dower and thirds of my wife, Mary O’Hara.” The plaintiff contends that by this…