Dwelling house definition

liam o connor

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In a recent will I was left a dwelling house and my siblings got the rest of my father's estate
The dwelling house sits on 3 acres of land
My question is am I just entitled to the dwelling house alone or am I entitled to the dwelling house AND the 3 acres of land
 
I give devise and bequeath my dwelling house situate at x to my son y
I give devise and bequeath all the rest residue and remainder of my estate both real and personal and of whatever nature and wherever situate to my son's A,B,C as tenants in common in equal undivided moieties
 
What is the total value of the estate?
Separately, what is the value of the house on a normal size garden?
Separately, what is the value of the three acres of land?

Does anyone think it was the intention of the father to grant the house and three acres to one son? Or house and normal size gardens?

How do the other brothers feel about it?

What is fair? Taking into account all other issues?

What would a Judge say?

mf
 
For tax purposes, it's a dwelling plus up to one acre of curtilage.

This is a legal question though...unfortunately (as happens frequently), the will is suboptimal.
 
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