Gooch v. Gooch

Wells, J., orally.

— The plaintiff claims title under a will. The testator devised to him certain real estate and also bequeathed to him his “wearing apparel.” If the watch belongs to the plaintiff it must have been given by being included in the words “ wearing apparel.” It appears that the testator purchased the watch a few years before his death, and generally used it, by carrying it upon his person. Words used in wills are to be taken in their common and ordinary sense. The ordinary meaning of wearing apparel is vesture, garments, dress; that which is worn by or appropriated to the person.…