Bell's Estate

Opinion by

Linn, J.,

This appeal is from the dismissal of a petition for the payment of two legacies alleged to he charged on or payable ont of his real estate by the will of John S. Bell. He died January 4, 1888, leaving a will dated July 5, 1885, and codicil dated August 23, 1887, admitted to probate. The ca,se was heard on petition, an amendment to it, an answer filed by Lewis Bell, and an agreement of facts. The important question is whether two legacies of $500 each contained in the codicil, are payable out of the homestead farm left by the testator.

In the will, after ordering the payment…