Ahlemeyer v. Miller

The opinion of the court was delivered by

Minturn, J.

The suit is in ejectment, and the motion is to strike out the complaint. Mary Elizabeth Miller and John Miller, her husband, conveyed the premises known as 389-391 Grove street, in Jersey City, by deed dated September 19th, 1891, and thereafter duly recorded, to George Miller, their son, and Beata K. Miller, his wife: After the statement of the usual habendum, the deed contained the following limitation, viz.: “To the only proper use, benefit and behoof of the said party of the second part, and the survivor of them during the lifetime of the…