Appeal from Webb, J., at December Term, 1921, of DavidsoN.

Tbe petitioners, trustees of tbe Caroline E. Ford and Martha A. Haden Home, and E. B. McBary, life tenant, filed a petition in tbe Superior Court of Davidson County for tbe sale of a certain part of the lands devised by Caroline E. Ford, in item 23 of her will appearing in tbe record. Testatrix died in tbe year 1909, and tbe life tenant, E. B. McBary, is still living.

Tbe property devised for this trust, to provide a home for needy widows of Presbyterian ministers in tbe Presbyterian Church, in tbe United States, consists of about ten acres, now within tbe residence portion of tbe city of Lexington. At tbe time of tbe death of testatrix it was part of a much larger tract of unimproved land. Tbe portion devised for tbe trust included tbe dwelling-house, which is situated near tbe center of the ten acres, and tbe bouse is now old, out of repair, and hardly suitable for occupancy.

A city street, Second Avenue, has been opened up along one side of tbe property, and has been improved, and tbe property has been assessed for such improvement $3,043.45. %

Third Avenue extends into tbe ten acres and up near tbe residence, and has been opened beyond tbe property, and tbe city is proposing to connect the said streets by an extension across the property, which requires that the dwelling-house be moved. This opening up of the streets will enhance the value of the property.

There is no money provided by the will to pay assessments. The life tenant declines to pay, and unless a fund is secured from the property or otherwise, the city will sell off at forced sale land sufficient for this purpose. To make sale of that part ordered to be sold will leave nearly five acres of land, which will be fully sufficient to carry out the purpose of the trust, and will further provide a sufficient fund to build upon the property some modern and suitable house for those who may desire to occupy the home.

The facts agreed are as follows:

1. That the petitioners filed their petition herein 25 July, 1921, in the- office of the clerk of the Superior Court of Davidson County, and same was regularly docketed in the civil-issue docket of said court. That the facts set forth therein are correct, and that the copy of the will of Caroline E. Ford, Exhibit “A,” attached thereto, is a correct copy of said will, and said petition is to be taken as part of these facts agreed.

2. That thereafter and during a regular term of the Superior Court of Davidson County, judgment was rendered in said cause by Webb, J., and same is made part of these facts agreed, as fully as if herein copied.

3. That thereafter, on 17 October, Joe Y. Moffitt filed with George W. Mountcastle, commissioner, his bid for a part of the property ordered to be sold, and that part for which deed was tendered, offering to pay therefor the sum of $7,500.

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