(after stating the case). In the argument of counsel for the appellees it is insisted that parol evidence is admissible to show what lands were meant by the testator, Jos. Gordon, Sr., in the clause of the will recited, and that the several devises mentioned therein are incapable of definite location.
Whatever may be the rights of the devisees of Joseph Gordon, Sr., as between themselves and as affected by the specified number of acres mentioned in the will as given, respectively, to the “heirs of James Gordon” and the others named, it is plain that the purpose of the testator was to give to his. wife, Eva M. Gordon, for life all his interest in 1,029 acres of land, with remainder to the persons and classes of persons mentioned in the will. There is nothing to indicate that the testator had more than one tract of 1,029.acres, and it was competent to show where that tract was.. ■ Most of the cases cited by the counsel for the appellees were of insufficient descriptions in deeds, which could not be aided by pa-rol, but aside from the fact that a much more liberal rule is allowed in the interpretation of wills'than of deeds, there is *289no doubt that upon the face of the will there is a devise of 1,029 acres of land, and if there is any ambiguity it is latent and may be explained by parol. That latent ambiguities in wills may be explained by parol, is too well settled to need the citation of authorities.
In one and the same clause of the will 1,029 acres of land are devised to Eva M. Gordon for life, and specified numbers of acres to the classes of persons respectively named, “ and the balance of said land to be equally divided between all my childrens’ heirs,” &c. It is too plain to admit of doubt that “ the balance” meant, is what remains of 1,029 acres of land after deducting the several specified number of acres given to the classes of persons named, and whatever difficulty, if any, the plaintiffs may have, in the event of a recovery in partitioning the lands as between themselves, that cannot avail the defendants.
Under the old practice, it was well settled that tenants in common could recover on a joint demise, or a recovery might be had upon the demise of only one tenant in common, to the extent of the interest of such tenant in common, and it was perfectly competent for the plaintiffs to show that the land mentioned in the will is the land in controversy in possession of the defendants.
The plaintiffs claim title derived from Jos. Gordon, Sr.,, deceased, under his will or as heirs at law, and the defendants claim under a conveyance and mean conveyances from the same person, and two issues are raised by the complaint and answers, involving — 1st, the validity of the deeds through which the defendants derive title, and 2d, the statute of limitations, and the plaintiffs have a right to have these questions passed upon. . .
Error.