Cassidy's Estate

Stearne, J.,

Testator, by his will, gave his “real estate including my ground rents and my mort*585gages” to his sister. He gave “the bonds and contents of the box containing said bonds in the Girard Trust Company” to Kate M. Sweeney, whom he subsequently married. After the date of his will testator invested in a $10,000 mortgage, which was found, after the death, in his safe deposit box. A codicil, executed after the marriage, republished the will, and the widow elected to take under the will and codicil.

The principal question raised by the exceptions is whether the $10,000 mortgage, so found in…