In re Apgar

Bird, Y. C.

The petition is filed to procurea sale of lands under the act which •.authorizes such sale when lands are limited over or in contingency, when such sale would be beneficial. It was filed July 28th, 1882. The land named in the petition was owned in fee by Paul Apgar, who died in 1856. In his will he said:

“I devise and bequeath unto my beloved wife, Nancy Apgar, all my estate, real and personal, as long as she shall be and remain my said widow, to use” &e.

He also said:

Note.—Courts have presumed that women were past child-bearing after they had reached a certain age: In Leng v.…