All the lands of which partition is sought were devised by David Parker to Loring Parker upon the condition subsequent that he should support George Parker. On the death of George in the lifetime of the testator the performance of the condition became impossible by the act of God, and Loring cannot be said to have neglected or refused to perform it, but holds the lands by an absolute title. 4 Kent Com. 130. Merrill v. Emery, 10 Pick. 507,511. Petition dismissed.