a settlement be make in the usual form with a limitation to trustee for want  of issue male to raise portion for daughter to be pay at twentyone or marriage  which shall first happen by and out of the rend and profit or by mortgage or  sale as they shall think fit and in the mean time and till the say portion  shall become Payable the trustee to raise pound per Ann for the maintenance of  each of they the father die and one of the daughter have marry the plaintiff  this bill be bring to have the portion raise but be dismiss because the  portion be to be raise out of the rend and profit or by mortgage or sale plain  show that it be not to be raise till such time as the trustee may make use of  the election give they by the settlement to raise it either out of the rend  and profit or by mortgage or sale but during the life of the mother who have  it in jointure they can not raise it out of the rend and profit therefore  neither by mortgage or sale which be all insert in one and the same clause and  a discretionary power lodge in the trustee to use either the one way or the  other and till they have the election of use either of these way they have no  power at all beside that the maintenance be to proceed the raise of the  portion if there be no maintenance to be raise in the mother lifetime the  portion be not to be raise in her lifetime as they be not to take place till  after the maintenance and my Lord chancellor and the master of the roll both  say that the case on this head have go too far already and mangle all estate  and that they will never decree portion to be raise in the father be lifetime  where it can possible bear any other construction and this decree be affirm in  the house of lord mich broom and Berkley will Rep c and decree equity case  abridge cap XLIV power a power when well create and when determine b of the  right execution of a power and where a defect therein shall be supply a power  when well create and when determine if a man give instruction to put his will  in write and that his message c shall be sell by a and b for the payment of  his debt and legacy and die and after a die b and the heir at law will be  compel to sell Gwilliams v rowel hard so if land be devise to be sell and no  person be name for that purpose the heir must do it pit v Pelham Chan can Chan  Rep S c if trustee be empower to pay portion at prefix day out of the rend and  profit of land and the rend and profit will not amount to the sum to be pay  they may sell the land backhouse v Middleton Chan can vide Meynel v Massey  vern S p