Marsh v. Consumers Park Brewing Co.

This action involves the construction of the last will of Leonard Marsh, a former owner of the premises sought to be partitioned, who died seized thereof at Burlington, Vt., leaving a last will bearing' date the 3d day of October, 1868, and a codicil thereto *188bearing date the 28th day of October, 1868, which after having been admitted to probate in the proper court in the state of Vermont were recorded in the office of the surrogate of the county of Kings on March 20, 1871, as constituting the will of said testator. The will contained the following provision:

“Second. All the estate real and…