Ditmas v. Baas ( 1892 )

PRATT, J.

We think the court below correctly construed the will, and that, upon the election of Baas not to purchase, the land descended to the heirs at law of the testator. As purchaser of the estate from the heirs at law, Ditmas had a right to the possession of the deed to his predecessor in the title. The judgment must, therefore, be affirmed; but, as the executor has mistaken his legal rights, the affirmance may be without costs.