a have a debt due to he from I S devise pound part thereof to b the second son  of d and the residue thereof to the young child of d and the same to remain in  d s hand till the young child shall be capable of receive it and the share of  any die before such time to go to the survivor or survivor but do not mention  what the debt be which be owe from I S a call in and receive the whole debt in  his lifetime and b die live a then a die in the lifetime of the young child  and king c say he take it that it can not be intend that the survivor shall  take unless b the legatee shall have survive the testator so that the right to  the legacy become vest in he but that b die in the lifetime of the testator as  nothing can ever vest in he so neither can it survive from he but the court  admit that where a devise be to a for life remainder to b and a die in  testator lifetime b shall take present or if a devise be to a and b and a die  in the testator lifetime and then the testator die there b shall have the  whole show salk for these case seem to be within the plain intent of the  testator but that in the principal case it be quite a strain to support a  legacy give out of a fund which the testator himself have by his own voluntary  Act put a end to for which reason his lordship declare that these legacy to  the young child be extinct and shall not be make good upon this point be cite  raym Pawletts case Swinb part cap and the case of orm and smith vern and Vol  Abr Eq hill sir Barnham rider and sir Charles wager et all et econt will Rep b  owe a a debt a by will devise the debt to b afterward b acquaint a that he  will pay he his debt a thereupon order his agent to receive the same from b  but to take no interest this be a ademption of the legacy for per Lord Chan  there do not appear to have be any intention in a to forgive any thing but the  interest of this debt and this be intend to be no more than a release by a  will which though not in strictness a release for it be by will can operate  only as a legacy and must be asset and liable to pay the debt of the testator  yet it seem only intend as a release by his will which intention be alter by  the testator consent in his lifetime to receive the debt himself and the will  intimate no more than that the testator executor shall not after his death  give any trouble or molestation to b for this debt and therefore as to this  legacy claim by b the court declare that it be extinct hill another point in  the case of rider and wager will Rep