Dunn

In order to secure payment of a promissory note the defendant Lawrence B. Schell conveyed to plaintiff by way of mortgage all his right, title and interest "as an heir at law and as devisee by virtue of the last will of Theodore L. Schell, de *627 ■ceased, in and to” certain parcels of land particularly described. This is an action to foreclose the mortgage so created. By the terms of said will the testator devised to his wife, the defendant ■Georgiana L. Schell, and several children, of whom said Lawrence is one, all his real property, directing, however, among ■other provisions, that the same “shall be kept and shall remain intact and undivided and undisturbed until my youngest son,” ■one Arthur B. Schell, “shall have attained the age of twenty-one years,” the income thereof meanwhile to be controlled and expended by said Georgiana for the support of herself and said children. It seems that the will was duly admitted to probate, ■and the estate of the testator is still in process of administration. Said Arthur was yet below the age of twenty-one years when this action was tried. Judgment went for plaintiff; the appeal is prosecuted by said Georgiana, the widow, and Lawrence W.…