Evens v. Griscom

The opinion of the court was delivered by

Beasley, Chief Justice.

This controversy relates to the meaning of the fourth clause of the last will of Thomas Evens, deceased. The language of the devise is the following: “Fourth. I give and devise to my three sons, Samuel B., William B. Evens and Jacob L. Evens; and to the survivor of them, in trust, all that my farm and plantation near Cropwell, conveyed to me by the heirs of my deceased wife,, and where my son, Thomas Evens, now resides, containing about eighty-five acres, more or less.”

At the time of the date of this will, and when he died, the…