In the matter of the petition of Margaret Jones

In the matter of the petition of Margaret Jones. It is not the practice of the court of chancery, to authorize the sale of a future interest in- real estate belonging to infants, except under very special circumstances; nor for the mere purpose of increasing the income of an adult owner of a present in terest in the estate. This was a petition, by the mother of certain infants, praying that she might be appointed their special guardian, for the purpose of selling their real estate. The father of the infants, by his will, devised his real and personal estate to the petitioner, his wife, for life; and directed her, out of the avails thereof, to support and educate their children. And, after her.death, the property was devised and bequeathed to the children, in equal proportions. The petition stated that the infants had no other property, real or personal, and that a sale of the real estate was necessary for their support; the income of the property bequeat ied being insufficient for that purpose. O. L. Barbour, for petitioner. [MAJORITY — The Chancellor] The Chancellor said, it was not the practice of the court to authorize the sale of a future interest in real estate belonging to infants, except under very special circumstances; nor was it ever done for the mere purpose of increasing the income of the adult owner of a present interest in the estate. That, in this case, the testator evidently intended that his children should be supported out of the income of the real and personal estate devised to his wife, and that the capital should be reserved until her death; that it would, therefore, be contrary to the spirit of the will, to allow their interests in the land to be sold for their present support, leaving the mother to enjoy the whole income, for life, for her own use, after they should be old enough to earn their living. Neither would it be equal as between the children themselves; as one of them was nearly old enough to earn his living, and would be quite so, long before the youngest would reach a sufficient age to enable her to support herself. Application denied.