Volume 15 — Stockwell's Reports

“This suit calls for construction of the will of Edwin EL Bennett, who died June 27th, 1898.

“On April 14th Mrs. Bradfield was seen walking on Park avenue near her home with Eay following her, and they were seen to enter the house at nine-twenty p. M., and it is testified that Fay left there at eleven-five. That is all that is testified to with respect to that date. Mrs. Bradfield and her daughters state other members of the family were always at home when Mr. Fay called on her. Next comes the important occasion, the 8th of November.

<p>“Decree will be advised for complainant, accordingly.”</p>

“This is entirely a question of fact. I find that the complainant has not carried the burden of proof necessary to sustain the allegations of the bill. That he has not proven that Abramson was his agent at the time of the purchase by Abramson from Kleinhans, and that Abramson was not acting for himself in said purchase, and that the sale to Davis was from Abramson.

“Counsel for complainant has been kind enough to explain to the court the words ‘better’ and ‘describe.’ Thus, the court learns — perhaps • for the first time' — 'the following: ‘Webster defines the word “describe” as follows: “To delineate or mark the form or figure, &c.; to draw a plan; to represent by lines or other marks on paper or other material; as to describe the surface of the earth by a map or chart.” ’ 18 Corp. Jur. defines the word ‘describe’ as follows: ‘to set…

“ ‘That the said Louis S. Shane agrees to purchase the aforesaid property for the sum of three hundred and seventy-five thousand dollars [$375,000]; ten thousand dollars [$10,000] to be paid upon the execution of this agreement, the receipt whereof is hereby acknowledged, and forty thousand dollars [$40,000] on May 1st, 1924, and the balance subject to two mortgages in sums aggregating not exceeding three hundred and twenty-five thousand dollars [$325,000] now a lien against…

“The complainants and defendants own property in the North Park section, all deriving their titles through deeds from Lake Hopatcong Land and Improvement Company containing the covenant first mentioned. Upon the respective properties -owned by the parties, buildings were erected, designed and used for dwelling- purposes only until the owner of one of the properties conveyed to Marmon Holding Company by deed dated June 21st, 1922.