atkins case February lion and lady catharine his wife one of the daughter of  the late marquis of Carnarvon by lady catherine now marchioness dowager of  Carnarvon plaintiff the duke of chandos and other defendant on a settlement  previous to a marriage the trust of a term be in case the husband shall have  no issue male and there shall be issue daughter c to raise if two daughter  pound to be pay to they when they attain or be marry but not to be raise till  after the death of their grandfather the father die and leave issue two  daughter only the grandfather since be dead the bill be bring by the plaintiff  in the right of his wife one of the daughter for pound with interest for the  same from the time of the marriage Lord Hardwicke hold the portion vest on the  marriage upon the word of the settlement and that interest be due from the  time of the marriage in a settlement make previous to the marriage of the late  marquis of Carnarvon there be a term of year create which be declare to be  upon trust in case the marquis shall have no issue male by lady Catharine  Talmash and that there shall be issue a daughter or daughter then the trustee  shall out of the profit of the manor c or by sale mortgage or other  disposition thereof for the term of year raise for the portion of such  daughter or daughter if one pound if two pound to be pay to such daughter or  daughter when they shall respective attain year or be marry which shall first  happen by the settlement a maintenance be provide for the daughter of the  marriage but not to be raise till after the death of the late duke of chandos  the marquis of Carnarvon die three year after the marriage without issue male  and leave two daughter the plaintiff lady Catharine and lady jane bridge on  the that of January the plaintiff intermarry and thereupon Mr lion in the  right of lady Catharine become entitle under the settlement above mention to  the sum of pound and they have bring their bill for this sum with interest for  the same from the time of the marriage upon the that of August the late duke  of chandos die Lord chancellor upon the open of the case for the plaintiff  think it very strong in their favour and therefore put it upon the defendant  counsel to state their objection atkins Mr brown counsel for the defendant  insist as this be a reversionary term that do not take effect in possession  till after the death of the duke of chandos and therefore the plaintiff be not  entitle to the portion or interest thereon in his lifetime and cite the case  of broom versus Berkley p wms in the present case the same circumstance as in  that a intervene estate for life in the late duke of chandos which do not drop  till several month after the marriage and the portion too direct to be raise  out of the rend and profit which seem to show the intention of the party that  no interest shall be pay till after the death of the duke as he be during his  life entitle to the rend of the estate charge with the portion Mr Noel of the  same side say the settlement direct that the maintenance of the daughter shall  not be raise till after the death of the late duke and therefore it can be  presume the party intend the capital of the portion shall be raise till the  term take effect in possession by the death of the late duke he cite Evelyn  versus atkins er p Evelyn p wms to show though no time be limit for payment of  the portion yet the court will not raise it out of a reversionary term as the  daughter be so very young Lord chancellor I be in general extreme unwilling to  exercise the authority of this court in raise portion or interest upon they  out of reversionary term and therefore wherever case have be bring before I to  raise they upon construction or implication only I have always refuse to do it  vide Stanley v Stanley ante atk vol and reference Stephens v dethick ante but  in the present case the trust of the term be so pen that I can avoid decree it  to be raise upon the first part of the term the great objection be that this  be to be raise out of a reversionary one it be plain put in the power of the  marquis of Carnarvon the father to raise it out of the reversionary term if he  think proper if the marquis have die and the duke of chandos it be not  controvert on the word of this settlement but that the trustee may raise it  even in the lifetime of the jointress then the only question be whether it can  be raise in the lifetime of the late duke of chandos atkins it have be insist  that though there be no word to suspend it yet by implication the raise of the  portion ought to be postpone till his death by the rule of the court but what  warrant have the court to insert by implication and construction what the  party themselves have not express for as they have say it may be raise in the  lifetime of the mark be and jointress and have say nothing to suspend it till  after the death of the duke expulsion out One be exclusion of one another it  make it strong too when in the very next clause the party have in  contemplation the death of the duke of chandos a argument be draw in favour of  the defendant from the clause relate to maintenance which be not to be raise  till after the death of the late duke and support by the case of broom versus  Berkley it be say that maintenance do in its nature precede the portion and as  it be not to be raise in the lifetime of the duke therefore the portion shall  not in that case there be no word to govern the construction but in this there  be express word that do govern it and entire distinguishable from the case of  broom and Berkley because there be no power there of raise it in the lifetime  of the jointress upon a marriage settlement land be limit to the use of the  husband and wife for their life remainder to the first and every other son in  tail and in default of issue male of the marriage to trustee in trust to raise  pound for daughter Payable at or marriage which shall first happen and out of  the profit to pay pound per and for maintenance the first payment of the  maintenance to commence after the estate of the trustee shall have come into  possession the husband die without issue male leave a daughter and a wife who  be jointure in the premise the portion shall not be raise in the mother  lifetime because the maintenance which be natural to precede the portion be  not to be pay till the trustee be in possession broom versus Berkley p wms  vide Corbet v Maidwell salk though it be not usual for conveyancers and they  be extreme cautious of raise portion for daughter in the father lifetime  without his consent yet where there be great estate it be common to direct  that upon the death of the father the portion for the daughter shall be raise  in the lifetime of the grandfather and not suspend the raise they till after  two life to construe this settlement otherwise I must insert word and go by  implication only when there be a express direction to raise it even in the  lifetime of the marquis himself if be think fit I be of opinion therefore the  portion vest on the marriage of lady Catherine from the word of the settlement  and atkins that interest be due from that time of the marriage and his  lordship decree it to be raise at per cent accord atkins er p