¶1 The evident intent of the testator was to provide a home for his wife daring her life or widowhood, and then a home for his single daughters, as long as they should remain unmarried and wish to keep house at the old homestead. The will provides that, after the death of the mother, “if they (the daughters) should marry, or when they wish to quit keeping house,” the land shall be sold, &c. It is found as a fact that Sarah Davis, one of the daughters, the other two being dead, is unmarried, has continued to live on the land and keep house there up to this time and does not wish to “quit keeping house.” The contingency, upon the happening of which the testator directed the land to be sold, has not occurred. The petition, therefore, was premature, and must be dismissed. The Court will not pass upon the abstract rights of the parties to share in the division. When the contingency happens upon which the sale for partition is to be ordered, the parties entitled may be different from what they are now, and will have a right to be heard for themselves, or they may prefer to settle the matter otherwise than by litigation.
¶2 The judgment dismissing petition at petitioners’ cost is
¶3 Affirmed.