
    William G. Hodgkinson et ux. Petitioners &c.
    One seised in fee of an undivided part of certain real estate, and for life of the residue, cannot have partition as between himself and those having a contingent remainder in such residue.
    This was a petition by husband and wife for partition of real estate devised to the wife, one third in fee simple, and the other two thirds for her life, remainder to her issue, and if she should die without leaving issue, then over to certain persons named in the will.
    Sullivan, in support of the petition,
    cited St. 1783, c. 41 ; St. 1786, c. 53 ; Swett v. Bussey, 7 Mass. R. 504 ; Bonner v. Kennebeck Purchase, ibid. 475 ; Mussey v. Sanborn, 15 Mass. R. 155 ; St. 1817, c. 190, § 24 to 31 inclusive.
    
      March 31
   per Curiam.

But A petition for partition is an adversary suit, and where there can be no adversary, as in the case before us, a partition would be unavailing.

Petitioners take nothing fyc.  