Doe ex dem. Barnes v. Provoost
New York Supreme Court
THIS was an action of ejectment brought to recover the undivided one-fourth part of a house and lot in the first ward of the city of New-Tork.
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THIS was an action of ejectment brought to recover the undivided one-fourth part of a house and lot in the first ward of the city of New-Tork. The cause was tried at the last sittings, and a verdict taken for the plaintiff, subject to the opinion of the court, upon the following case : Peter Praa was seised in fee of the premises, and by his will, dated 5th August, 1739, devised as follows : “ I devise to my daughter, Christiana Provoost, the dwelling-house and ground she now lives on, to hold the said house and ground for and during the term of her life; and immediately after her death, I…
1Opinion of the CourtVan Ness, J.
That the construction given to the clause of the will by the counsel for the plaintiff, accords with the intention of the testator, can hardly be doubted; and the only question is, whether he has made use of sufficient words to effectuate his intent ?
It is a rule in the construction of wills, particularly of those inartificially and obscurely drawn, to advert, in order to discover the intention of the testator, to his situation, at the time of making the will, as to the number of his children, the different kinds of property of which he was seised, &c. (6 Crui. Dig. 158. and the cases there…
2Cited by30 opinions
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- Stimson v. . VromanNew York Court of Appeals · 1885
- Du Bois v. RayNew York Court of Appeals · 1866
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