97 N.Y.S. 779 | N.Y. Sup. Ct. | 1905
This action is brought for partition and requires the construction of the second paragraph of the will of Susan Ann Graham, which reads as follows: " Second. I give, devise and bequeath the real estate and premises owned by me and now known as number 747 Lexington avenue, in the City of ¡New York, to my children, Charles B. Graham, Josephine L. J. Graham, Edward W. Graham, Emma L. Graham, Minnie I. Graham and Susan M. DeMoya, and to the survivors and survivor of them, per capita and not peí stirpes. Subject to the use, occupancy and enjoyment thereof by my daughters Josephine L. J. Graham, Emma L. Graham and Minnie I. Graham during the term that they each or the survivors and survivor of them shall remain single and unmarried, and also subject to the use, occupancy and enjoyment thereof in connection with my said daughters Josephine L. J. Graham, Emma L. Graham and Minnie I. Graham, as aforesaid, by my beloved husband, Joseph F. Gra