Jewell

The plaintiffs brought this action against the defendants to quiet their title to certain lands, described in the complaint. Sarah C. Pierce died seised of the lands in question Hovember 28, 1891, leaving a last will and testament bearing date November 15, 1884, containing the following provisions:

By a codicil thereto, the testatrix revoked certain of the legacies which she had charged upon the estate bequeathed to her grandson, and made certain changes in others. Her will was admitted to probate, and upon the settlement of the final account of the executors, December 12, 1892, the superior court made a decree of final distribution of her estate, which after reciting therein the provisions of her will, and that WilHam S„ Pierce was at that time upward of twenty-two years of age, and is entitled to the residue “according to the terms of the said will and codicil,” declared as follows:

William S. Pierce died without issue March 21, 1895, leaving a last will and testament by which he devised his estate to the defendant, Mary J. Pierce, who was also appointed executrix of his will. At the trial of the cause, the plaintiffs, in addition to the foregoing facts, offered evidence…