case Nicholls versus skinner ante Eq Abr c I mad c S c wms S p fearne count  Rem at the roll a devise portion to his four child Payable at their respective  age of year or marriage and in case any of they shall die before the time of  payment or shall die without issue then his or their share to the survivor or  survivor of they precedent in chancery er p one of they die under age and  without issue this though a limitation of a personal estate be good but liable  to the contingency of survivorship till it come to the last of the four child  the plaintiff father have four child and be possess of pound in the bankstock  and of other personal estate make his will and thereby devise portion to his  say child to be pay and Payable to they at their respective age of year or day  of marriage which shall first happen and in case any of they shall die before  the time of payment or shall die without issue then his or their share to go  to the survivor and survivor of they and his heir one of they die without  issue under age and unmarried and the plaintiff who be one of the survive  brother and marry though under age bring this bill for a three part of the  dead brother share and the question be saint whether upon this will the devise  in case of death without issue be of a personal estate be good dly whether  admit it be the dead brother share be not still liable to the contingency of  survivorship till it come to the last of the four brother precedent in  chancery his honour be of opinion and decree accord that in this case the  limitation be to the survivor and survivor of they and his heir that it can  not be intend a die without issue general which will make it void but a die  without issue in such manner as that the survivor or survivor may take it  which must be during their life and consequent good dly that it be liable to  the contingency of survive till it come to the last and consequent the now  plaintiff can not have his share of the principal of his dead brother but in  regard no direction be give in the will concern the interest it be decree he  shall have a proportionable part of the interest during his life else the  interest likewise must lie dead till it come to the last which will be very  inconvenient though in case not so circumstance the legatee have not be allow  the arrear or grow interest for want of a direction in the will concern it but  it have fall into the residuum of the testator personal estate to the  reference under Pinbury v Elkin ante add the case of Adolphus v Gordon brown  parliament case bro p c and ed precedent in chancery de boundary S the number  three in curian porter