GARDNER, Circuit Judge.
This was an action brought by the appellant as plaintiff to recover from appellee an undivided one-half interest in and to certain real estate situate in Monroe County, Arkansas. It will be convenient to refer to the parties as they appeared below.
Tennie Mayo is the common source of title through whom both parties claim. She died testate in 1895 leaving a will which was duly probated, reading as follows:
"State of Arkansas...
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