brown case josceline Sidney and other appellant mary vaughan widow and other  respondent that July Mews dig xiv a by her will bequeathe a legacy of pound to  her nephew e to be pay he within six month after he shall have full serve out  his apprenticeship to which he be bind e run away from his apprenticeship and  afterward die hold that his representative be entitle to this legacy with  interest from the end of six month after the apprenticeship expire for that  the serve out the apprenticeship be not to be consider as a condition annex to  the legacy for the nonperformance whereof the legacy will be forfeit but be  only a appointment of the time when the legacy shall be pay viner vol p can Eq  can ab can Elizabeth Evans be age and unmarried and have several nephew and  niece child and grandchild of Margaret her only sister do in her lifetime put  out Edward Vaughan who be grandson of her say sister Margaret apprentice to a  tanner and be seize of a real estate of pound per and and possess of a  personal estate of the value of pound she by her will date the that of may do  inter alian bequeathe in these word item I give and bequeathe unto Edward  Vaughan three son of my say niece Margaret Vaughan the sum of pound of good  and lawful money of England to be pay he within six month after he shall have  full serve out his apprenticeship to which he be now bind and she charge all  her real and personal estate with the payment of this and other legacy and  appoint Lewis Thomas her nephew executor and residuary legatee after the  testatrixs death Lewis Thomas prove the will and enter upon the real and  possess the personal estate but on the saint of June he die have make his will  and thereof appoint the appellant Elizabeth and Emmet his executrixs who prove  the same and possess his estate some time after the death of the testatrix  Elizabeth Evans and about two year before the expiration of the term of his  apprenticeship Edward Vaughan upon some quarrel with his master quit his  service and go to sea and some year after the expiration of the term of his  apprenticeship he die intestate Administration of the effect of the say Edward  Vaughan be grant to the respondent mary in trust for the respondent the infant  she on the appellant refusal to pay this legacy and interest in April file a  bill in the name of herself and the other respondent in the chancery of the  great session for the county of Glamorgan Brecon and Radnor against the  appellant for a satisfaction of the say legacy of pound and interest to which  bill they answer and admit the will legacy and application for payment and  that they have asset sufficient to answer the respondent demand but insist  that the pound never be nor ever can become Payable because Edward brown  Vaughan voluntary desert his say apprenticeship without any just or reasonable  cause brown er p on the that of September the cause be hear upon bill and  answer before Mr sergeant Whitaker one of the justice of the say court who be  of opinion that the legacy be well vest in Edward Vaughan and ought to have be  satisfy and pay to he within six month after the expiration of the term of his  apprenticeship to which he be bind at the time of make the will and do  therefore order and decree that the register of the say court shall examine  when the time or term of the say apprenticeship expire and compute interest  upon the say pound from the end of six month after and decree the pound and  interest to be pay by the defendant to the plaintiff with cost the register  accord on the that of April report pound S due for the say legacy interest and  cost which he appoint to be pay on the that of may follow but in the mean time  the defendant appeal from the decree insist t Lutwyche r reeve that Edward  Vaughan quit his say apprenticeship against his master consent and without any  reasonable cause his legacy do not become Payable and that therefore the bill  ought to have be dismiss the legacy not be Payable at a certain time at all  event but only in case he full serve out his apprenticeship which be in the  nature of a condition put upon he by the testatrix on the other side it be  contend r Raymond S mead that this legacy vest in Edward Vaughan on the death  of the testatrix and that the serve out the apprenticeship be not to be  consider as a condition annex to the legacy for the nonperformance whereof the  legacy will be forfeit but be only a appointment of the time when the legacy  shall be pay and it be apprehend that if Edward Vaughan have die before the  expiration of the term of his apprenticeship his representative will have be  entitle to demand this legacy it be therefore hope that the decree will be  affirm and the appeal dismiss with cost accord after hear counsel on this  appeal it be order and adjudge that the same shall be dismiss and that the  decree report and confirmation thereof shall be affirm and it be further order  that the appellant shall pay to the respondent the sum of pound for their cost  in respect of the say appeal jour vol p