Horton v. Horton

This action is for the partition of certain real property in Suffolk county and involves the con*686struction of the will o£ Nannie W. H. Conklin. The clause of the will which is in controversy is as follows: “All the rest of my property real and personal I give one-half to my nephew Phil H. Horton, and one-half to my great-nephew Henry D. Horton, Jr., unless he dies before twenty-one or without family then his part goes to my great-nephew Philip Goldsmith Horton. It is my wish and desire that the old Homestead together with the property across the street be retained in the Horton family as long…