Opinion by
From the pleading in this case it appears that appellant, Mrs. Lee Ann Moore, acquired title to the house and lots from the contract for the sale of which this litigation has arisen under the first clause of the will of her father, the late Bennett Barnam, which reads as follows: “After my just debts and funeral expenses are paid, I give, bequeath, and devise to my daughter, Lee Ann Smith, widow of the late Calvin Smith, deceased, all of my real estate and slaves, of which I may die possessed, or of which I may then be the owner, whether said property be held separately or in conjunction with another.” If there had been no other clause in the will limiting her estate in the house and lot, it would have been general and by joining with her husband in a sale and conyeyance the purchaser would have taken an unincumbered title.
But by the fifth clause of the will the testator directed that the real estate devised to* the said Lee Ann Smith, in cas'e of her mar
Wherefore the judgment is reversed and the cause is remanded with directions to dismiss the petition unless appellants should within reasonable time offer to amend the petition and present such pleadings as will ultimately put an end to the litigation.
As the first error in pleading commenced with appellants, they will not be allowed to recover costs, but must pay their even costs.