Howell v. Patry

Pitney, V. C.

This is a suit for partition, in which all the parties claim title to the fee of the premises as tenants in common as heirs at law of John Patry the elder, who died seized of them. The parties are agreed as to the shares in which the fee is held, and that the premises are so situate that an actual partition cannot be made without great prejudice, and that, therefore, a sale must be made.

The disputed question arises out of a claim made by the complainants to a life estate in the premises, based upon a clause in the will of John Patry the elder, in these words:

“ It is my will and I…