Ordered that the decree is affirmed, with costs payable by the appellant personally.
The respondent James A. Nelson was the devisee under the decedent's will of a certain parcel of real property. The devise stated, it pertinent part, as follows: "THIRD: I give and devise to my husband, JAMES A. NELSON, if he shall survive me, my dwelling house, together with the premises on which it is situated * * * to have and to hold the same to him, his heirs and assigns forever...
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