Appellate Division of the Supreme Court of the State of New York November 5, 1906 (Sampers v. Conolly)

Ingraham, J.:

■ It seems that one Edward D. Conolly died on the 12th day of April, 1898, leaving a last iyill and testament, whereby he devised *365his real property to his widow and children in equal shares, appointing the plaintiff one of his executors.