¶1Ebenezer Peterson died in 1869, leaving his widow, Clarissa C., and bis daughter Amy, his only heirs at law, surviving. By his will he provided as follows: “ I give and bequeath unto my beloved wife, Clarissa C. Peterson, the sum of $4,000, the same to be put at interest in some safe investment, and secured to her during her natural life.” “Also, I give and bequeath unto my said wife the annual income of $400, to be paid half-yearly from the farm where I now reside, in the township of Lower Penn’s Neck, purchased of Thomas D. Bradway; the said income to be paid in full, without any de*37ductions for taxes or other expenses, this being my expressed wish and will. Also, I give and bequeath unto my beloved wife, Clarissa C., the choice of all my household goods and furniture, or the whole of them, if she chooses, without any reservation.”
¶2*37“ I give and bequeath unto my daughter, Amy R. Turner, wife of Jonathan I. Turner, the homestead farm where I now reside, in the township of Lower Penn’s Neck, adjoining lands of John Dunn and Elijah W. Dunn, containing about 105 acres, more or less, save the legacy of $400 per year payable to my wife, Clarissa, as above specified.”
¶3“ It is further my will that the said Amy R, Turner reside on the aforesaid farm after my decease, and take proper care of the same. In case they (I mean Amy R. Turner and her husband) should not see proper to move on the same, then I order my executor, hereinafter named, to sell the same farm at public vendue to the highest bidder; but there is nothing herein con*38tained that affects the dower of $400 devised to my wife aforesaid.”
¶4*38“Further, I order and direct the balance of my personal property, after securing the $4,000, to be equally divided between my wife, Clarissa C., and my daughter, Amy R. Turner.”
¶5The $4,000 have been duly invested, and the interest paid to the widow. The questions submitted are: What interest does the widow take in the $4,000 ? what estate does the daughter take in the farm under the devise thereof to her ? and is that estate defeasible on her ceasing to reside on the property ?
¶6The gift of $4,000 to the testator’s wife is absolute in its terms. It is not given over in any event, either expressly or by implication. The will, indeed, provides that it shall be invested for and secured to her during her life; but that is merely a provision as to the manner of its enjoyment by her during her life; the gift of the fund is, neverthess, absolute, subject to the qualifying trust. Woodward v. Woodward, 1 C. E. Gr. 83; Kay v. *39Kay, 3 Gr. Ch. 495; Hawk. on Wills 268; Gulick v. Gulick, 10 C. E. Gr. 32; S. C. on appeal, 12 C. E. Gr. 498.
¶7The devise of the homestead farm to Amy is in fee, subject to the charge of the annuity to the widow. It is not defeasible by her non-residence on the property. The testator declares that it is his will that Amy reside on the farm after his death, and taire proper care of it, and provides that in case she and her husband should not “ see proper to move on the same,” his executor sell it. He adds a further provision that such conversion of the farm into money shall not affect the gift of the annuity charged thereon in the devise. Amy is the testator’s only heir at law. He died, as before stated, in 1869. Soon after his death, Amy and her husband removed to the farm, and resided there for about two years. They then leased it, and it was occupied by their tenant. In the spring of 1880 they returned to it, and ever since then have resided thereon.
¶8The intention of the testator, in the provision under considera*40tion, was not to defeat the devise to his daughter, but to secure the property against want of care. He not only does not provide that, in case of non-compliance with his direction, the farm shall go over to some one else, but he makes no provision whatever in that connection, except that the farm be converted by his executor into money, by sale. He makes no disposition of the proceeds of the property after conversion. The residuary clause is confined by its terms to his personal estate. If the farm were converted under this provision, the proceeds subject to the annuity would go to Amy, under the devise; and, apart from that, it would go to her as heir. The annuity is given expressly in lieu of dower. That the testator did not mean to provide that his daughter should reside on the property for life is evidenced by the use of the word “ move ” in the second clause. In the first, he expresses his desire that she and her husband should reside on the farm and take proper care of it. In the second, he orders that if they do not “ see proper to move on ” *41the property, the executor is to sell it. There is no evidence of any intention on his part to compel his daughter to reside on the farm, as a condition of her title to it under the devise. The language of the first clause is merely expressive of his desire. It has no mandatory character, but is merely precatory. The provision, taken altogether, is as if he had said that his daughter and her husband occupy his homestead farm, as their home, immediately after his death, and enter on such occupation and care for it accordingly; but if such should not be their wish, then, in order to secure it against depreciation from want of care, he directed that it be converted into cash, the sale to be subject to the annuity-charge, but the proceeds to go to his daughter. The daughter moved to, and resided on, the farm for about two years, and then leased it, and again removed to it, and now resides thereon. There is no provision that in case she, having moved to it, leaves it and ceases to reside there, the property shall be sold, but merely that it shall be sold if she does not see proper to move there at all. The provision for sale is limited in its operation by its terms, and there is no reason for going beyond the literal import of them. To do so would be to ex*42tend them indefinitely; for it would not even be limited by, and cease with, the annuity. Such construction would give the executor power to sell whenever the daughter should cease to reside on the farm. The testator undoubtedly contemplated no such construction. What he meant was, that in case his daughter should not be willing, at his decease, to enter on the occupancy of the farm as her residence, it should then be sold; and if sold, it should be sold subject to the annuity, and the proceeds of the sale should go to her. He did not intend to cloud her title with an ever-impending power of sale. The executor has not now, and will not have, any duty in respect to the sale of the farm.