Appeal from Kalamazoo; Adams, J.

Bill by Charles A. Peck against Winter Griffis, J. A. Pitkin, administrator de bonis non with the will annexed of the estate of Oliver H. P. Griffis, deceased, James W. Osborn, executor of the last will and testament of Mary L. Griffis, deceased, and others, for the foreclosure of a mortgage. From a decree for defendants, complainant appeals.

The facts are stipulated and are as follows: The bill of complaint in this case was filed February 24, 1904, for the purpose of foreclosing a mortgage given May 18, 1875, by Winter Griffis and Margaret Griffis, his wife, to secure the payment of $300 in one year after its date, with interest at the rate of 10 per cent, per annum, said mortgage being on lot 351 of Welch’s addition to the village of Kalamazoo. Said mortgage was given to secure a lawful debt. No part of the same has been paid. Complainant is the lawful owner of the mortgage, and the same does not come within any statutory bar as to the foreclosure of mortgages. All necessary parties have been made defendants in this suit, and are properly before the court. The defendants Hope and Mary Ross are the owners of a second mortgage given by said Winter Griffis on said property, and they and the said mortgagors have taken said bill as confessed. Winter Griffis, the maker of said mortgage, is one of the two sons of Oliver H. P. Griffis, deceased, who died testate in said county of Kalamazoo on or about April 10, 1860, and, unless the same was otherwise fully disposed of by the will of said deceased, said Winter Griffis inherited from said Oliver H. P. Griffis, and owned at the date of said mortgage, an undivided one-half of the premises described therein, subject to the rights of Mary L. Griffis, his stepmother, and the widow of said deceased, under said will. The following is a copy of said will:

‘ ‘ I, Oliver H. P. Griffis, of the village of Kalamazoo, in the county of Kalamazoo, and State of Michigan, being of sound mind sand memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last will and testament, that is to say: First, — after all my lawful debts are paid and discharged, the residue of my estate, real and personal, I give, bequeath and dispose of as follows, to wit: To my beloved wife, Mary L. Griffis, the piece or parcel of land belonging to me and described as Lot Number Three Hundred and Fifty-one (351) on Welch’s addition to the Village of Kalamazoo, and the appurtenances belonging thereto, to have and hold the same as long as she remains my widow; but if she shall marry again, I request and direct that she sell said lot and divide the proceeds of such sale equally between herself and my sons Winter Sabin and Wolcott Griffis, all sharing alike in the proceeds of said sale.

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