Pinckney v. Pinckney

The Surrogate.

Upon the final accounting of the executors, several important questions are presented for consideration, involving the construction of various articles of the will.

1. The second item of the will is in these words : “ I will and bequeath unto my sons, Benjamin and Walter, and their heirs, the house and premises belonging to me, *270situate.number 39 Third Avenue, in the city of New-York, the income arising therefrom to be divided between them equally, share and share alike, and in case either should die leaving no issue, the one surviving to have the share of the one so dying.”

The…