Page:Federal Reporter, 1st Series, Volume 8.djvu/235

 PABKE3 V. ALDBIDGE. 221 �den. (3) I do hereby give and bequeath unto my liousekeeper, Sarah Jane McClelland, all my personal property, consisting of the f urniture in t.he house now occupied by me, and all other personal property wheresoever found. (4) I do hereby give and bequeath to Sarah Jane McClelland,, my housekeeper, during her natural life-time, the rents and profits of the house and building known as the " shop," for the sole purpose of keeping the said houses and fenees in repair. The ground to belong to said shop or house shall be 60 feet front on "Washington avenue, and is 75 J feet in depth, and adjoining my garden; and at the death of the said Sarah Jane McClelland the same be sold by my executor and the proceeds to be divided among my children, share and share alike, less, however, all legal costs and charges. The brick house and ground shall belong to my said housekeeper, Sarah Jane McClelland, and her heirs and assigns; the shop and the ground to be held during her life- time in order to pay taxes and make repairs. (5) As the said Sarah Jane McClelland is not fit to earn her bread by manual labor, I do hereby bequeath to her the sum, monthly, of $15, to be paid to her monthly by my executor hereinafter named; said amount to be paid from or ont of my undivided estate af ter the disposai of the same. (6) I do hereby order and direct that as soon as can be done after my decease, that $1,C)00 shall be used from my estate for fencing, grading, and the placing a head-stone on my burying lot; the sanle to be done under the direction and superintendence of William Mcintire, who bas promised to see it done in the best manner. (7) It is my will and I do hereby order and direct my executor hereinafter named, and do authorize and empower him to sell and convey, by deed in fee-simple, all or any part of the residue of my real estate for such priee or priees as he may see fit, and the proceeds to be divided among my chUdren, share and share alike. (8) I do hereby authorize and empower my executor to sell any part or all my real estate on such terms as he may see fit. (9) And I dp hereby consti- tute and appoint Thomas Aldridge my executor of this, my last will and tes- tament. The said Thomas Aldridge now resides in the city of Jersey City, New Jersey." �The said will was duly admitted to probate, by the eurrogate of the county of Essex, on the tenth day of March, 1873, and Thomas Aldridge took upon himself the duties of the executorship, and filed an inventory and appraisements of the personal estate of the testator on the twenty-seventh of March, 1873, amounting in the aggregate to $1,105, of which $1,000 was cash in the hands of the said execu- tor, — the proceeds of the sale of a lot of land sold by the testator before his death, — and $106 was the appraised value of the furniture in the dwelling-house, and which was specifically bequeathed to the housekeeper, Sarah Jane McClelland. The real estate of which the testator died seized, consisted of — �(1) A brick house, and lot 90 feet by 126, in Bell ville, where he resided at the time of his death ; (2) a house or building, known as the " shop," compris- ing two tenement houses, with a lot 66 feet by 75J, adjoining or near the above; (8) a plat or parcel of land on "Washington avenue and William ��� �