HORNBECK, J.
This is an appeal on questions of law from a judgment of the Probate Court on the pleadings upon the motion of plaintiff. The action was instituted by the plaintiff, executor, for the construction of the last will and testament of Lewis Fink, deceased, and particularly item II thereof.
The pertinent item reads:
"Item II. I give and devise my home, which includes the cottage in which I have resided and the tract of about fourteen (14) acres...
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