Appeal from St. Clair; Law, J.

Bill by Edward W. Harris, administrator de bonis non with the will annexed, of the estate of Samuel Dunbar, deceased, against Frances Bow, Wealthy Sherman, Margaret D. Parkhurst, Marietta D. Annis, George B. Tunningly and Jeanetta L. Tunningly for a construction of said will. From an order overruling a demurrer to the bill, defendants Tunningly appeal.

From a decree overruling a demurrer to the bill filed in this case, the defendants Tunningly appeal. The bill-sets forth that one Samuel Dunbar died testate in 1877, leaving surviving as his heirs at law three daughters and two grandchildren, the daughters of a deceased son. These two grandchildren are the defendants Parkhurst and Annis. The daughters were then unmarried and were named, respectively, Elizabeth, Sybil, and Mary. He died seised of 40 acres of land occupied as his homestead. His will, after providing for payment of his debts and funeral expenses, reads as follows:

“ The remainder of my personal estate and all my real estate of which I shall die possessed, I give and bequeath to my three daughters, named as follows, ¡Elizabeth Elyshel, Sybil Matilda and Mary Adeline, as follows, to wit: Each of my said daughters above mentioned shall have the right to use and occupy all my estate, both real and personal, share and share alike, so long as they all shall remain single and unmarried. But in case either of my daughters shall marry, then from and after the time of said marriage or marriages, said daughter or daughters so married shall not be entitled to have any further right to use or occupy any of my estate, either personal or real, so long as my remaining daughter or daughters shall live or remain single.

“But in case all my daughters above named shall marry, then and in such case, at and immediately after the marriage of my last living or single daughter, then and in such case all my estate both real and personal shall be sold for the best price or prices that can be obtained for the same and divided equally between my three

daughters above named, share and share alike, if they are all living at that time.

“But in case either of my daughters above named should die before such division takes place, leaving heirs, then and in such case her heirs shall be entitled to their mother’s portion of said estate. At the marriage of my last single daughter, if it shall be agreeable to all then living, either of my daughters may purchase and buy out their sister’s right to said estate, if they can so agree, in preference to having said estate sold and equally divided as above described.”

He named two executors. The will was duly admitted to probate December 24, 1877, and the executors named therein confirmed as executors.

None of the daughters married, and all are deceased. His daughters occupied the premises so long as they lived. Elizabeth and Sybil died first. Mary died October 1,

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