The  plaintiff  complains  of  the  defendant,  and  alleges  that  hereto-
fore, and  on  or  about  the  27th  day  of  October,  1867,  one  Eliza  Ander-
son died  in  the  city  of  New  York,  seized  and  possessed  in  fee-simple
absolute  of  the  following  described  lands  and  premises:  {Here  insert
description. )

That  the  said  Eliza  Anderson  left  a  last  will  and  testament  dated
August  22,  1866,  which  was  duly  admitted  to  probate,  and  recorded
in  the  office  of  the  surrogate  of  the  county  of  New  York,  in  Book
No.  172  of  Wills,  at  page  223,  on  the  7th  day  of  January,  1868,  which
will  was  executed  in  due  form  of  law  to  pass  the  title  to  real  estate,
and  in  and  by  which  will  the  said  testatrix  devised  the  premises
herein  above  described  to  her  adopted  daughter  Eliza  Anderson,  for
the  term  of  her  natural  life,  and  from  and  immediately  after  her
death,  unto  the  lawful  issue  of  the  said  devisee,  Eliza  Anderson,  her
surviving,  his,  her  or  their  heirs  and  assigns  forever;  that  the  said
Eliza  Anderson,  immediately  upon  the  death  of  the  said  testatrix,
entered  into  possession  of  the  said  land  and  premises,  and  continued
in  possession  thereof  as  such  devisee  and  life  tenant  until  the  lltli
day  of  February,  1875,  when  she  died ;  that  during  the  life-time  of
the  said  devisee,  Eliza  Anderson,  and  on  the  22d  day  of  January,
1868,  she  intermarried  with  the  plaintiff,  and  thereafter,  and  on
the  6th  day  of  January,  1869,  gave  birth  to  a  lawfully  begotten  child,
Elizabeth  Stamm,  and  upon  her  death,  as  aforesaid,   left  the  said


286  Claim  to  Eeal  Peopektt.
