Tuxbury v. French

This is an action of ejectment, involving the construction of the will of George Young, late of Hamtramek. It was tried by the circuit judge without a jury, and is brought up on case made. There is no finding of facts by the circuit judge. On the face of the will serious mistakes are apparent, and in order to give it any construction, erroneous particulars must be rejected. It seems to have been assumed by counsel that we might take the evidence submitted on the trial, and in the light of it proceed to put a construction upon the will according to our view of what was probably the intent of…