Helme & others, v. Guy.
From Johnston.
Where a testator owned a large body of land, composed of several tracts, acquired at different times and known by different names, and living on one of the tracts known by a distinct name, devised in these words, “I give and bequeath to my sonW. H. G the tract of land whereon I now live, including the plantation together with all the appurtenances thereunto belonging,” it was held that he had devised to W. II. G. only the tract on which he lived; the word appurtenances comprehended only things in the nature of incidents to that tract. liad the testator said the lands on which he lived, the construction might have been different.
petition for partition. — The petitioners set forth that ■William Guy bad died seised of divers tracts of land, leaving the Defendant and the wife of the petitioner his only children and heirs at law ; and that by his last will, William Guy bad directed the said tracts to be equally, divided between the Defendant and the wife of the petitioner, and prayed a division.
*342The answer denied that the will had directed such a division of the lands, and the clause in question was in the following words:
“ Item — I give and bequeath to my son William Henry Guy, the tract of land whereon I now live including the plantation, together with all the appurtenances thereunto, belonging 5” after giving to his son several negroes, he thus proceeds, “ the residue of my property to be equally divided between my son William Henry Guy and my daughter Ann Eliza He!me.”
It appeared that the testator ivas possessed of many tracts of land, acquired at different times and composing a large body, and lived on a tract which was called “ the Ben. Radcliffe tractmany of the other tracts had also names by which they wrere distinguished.
Seaw ERR, Judge,
delivered the opinion of a majority of the Court:
From all the circumstances of this case, it seems impossible to doubt about the meaning of the testator. He liad a large body of land composed of different tracts, and know'll by different names, the one he lived on was called the “ Ben Radcliffe tract,” and he devises the tract on which he lived to his son William Henry, together with all the appurtenances.
Had lie said, “ the lands,” on which lie lived, there might have been doubt •, but we are clear, that according to the manner in which lie has expressed himself, the devise extends no further than to that distinct tract; and the word “ appurtenances” can have no other or greater meaning, than to comprehend things in the nature of incidents to this tract. There must be a decree for partition.