This was a petition to sell land for partition, and under authority of this Court, 115 N. C., 542, the lands have been sold and the proceeds are now in *514 custody of the court. By certain devises, Alice B. Owens became the owner of the land during her life or yidowhood, and upon the happening of either event the possession of the land vested in the other parties to this action in remainder and as tenants in common, proportional to their several rights. The widow and some of the remaindermen now pray the court to have the present value of the several estates ascertained, including the value of the estate of the widow for life, and that the amounts so ascertained be paid to the several parties in severalty and absolutely, the widow offering to give solvent bonds to refund, in the event of her marriage, the amount to which she would not be entitled in the event of such marriage. The other remaindermen resist the motion, and the sole question is, have we the power to grant it ?

At common law, tenants in common in remainder or reversion could not have partition during the existence of a widow’s dower estate, because the requisite of possession was wanting. Wood v. Sugg, 91 N. C., 93. The right of remaindermen to have partition, whilst a dower estate is outstanding, was given by Statute (Code, Sec. 1909) by alb wing the widow to take her share, estimated during the pn bable period of her life, in severalty and absolutely. Tin's privilege was extended in all cases of a life estate and remainders over, by Act of 18,87, Oh. 214. The life estate of the widow in this case is contingent, by reason of the condition, annexed, which would defeat it before its natural termination, and we are not aware of any practicable rule by which to find the present value of an estate durante vididtate. The Act of 1887, Oh. 214, does not embrace such an estate, and we see no common law or statutory authority to grant the motion against the will of the remain-dermen. The proceeds of the sale remain real estate until partition is made.

Affirmed.