case bird ux versus Lockey Lord chancellor Feb one devise pound to a b c and d  the four child of I S to be divide among they accord to the discretion of I S  who he make executor and will that he shall not be compel to pay any of the  legacy within a year after the testator death a die before the testator b die  within six month after the testator and before any allotment or distribution I  S pay to c pound and take a receipt from c in full of his share of the pound  and by will give pound to d in full of his share mrs standish by will give  pound to the four child of John Lockey by his first wife to be divide among  they accord to his discretion and pleasure these be the word of the bequest as  state in the register book and make the say John Lockey and Guilsthorpe  executor and in the testatrix die one of the four child die in her lifetime  another of they within six month after her death and before any allotment or  distribution make by John Lockey among his child Martha Lockey as to which  child the decree declare that she can have no interest vest in her till after  a appointment make by the say John Lockey pursuant to the power in the say  testatrixs will r l but in John Lockey do pay to his son Edward who also die  in the lifetime of John Lockey the father pound and take a receipt from he in  full of his share Vernon chancery case of the pound Abigail now the wife of  the plaintiff bird be the other survive child John Lockey her father by will  give her pound in full of her share of the pound she bring her bill state the  case as above with this that there be a clause in the will that the executor  shall not be compel to pay any of the legacy within twelve month after the  decease of the testatrix she intend to allow that time to get in and improve  her estate and the plaintiff by her bill demand the residue of the pound with  interest from the end of a year after the testatrixs death the first question  be whether by the death of one of the four child in the lifetime of the  testatrix a four part of the pound become a lapse legacy adjudge the whole  pound be a subsist legacy the devise be to the four child and a power only to  the father to distribute divide and apportion and until a division and  apportionment make no particular interest vest in any one child the second  question be whether the father as administrator to the child who survive the  testatrix be entitle in her right to any part or share of the and adjudge he  be not for the reason above no allotment or apportionment be make and also for  that she die within the year allow the executor for payment of the legacy this  question do not appear by the statement in the register book for the principle  of this and of the judgement on the first question vide the case cite in note  to wield v Bradbury ant p Vernon chancery case er p three John Lockey the  father have in ten year after the death of the testatrix pay pound to son and  take his receipt in full for his share his representative be bar from claim  any further share or part of the pound and consequent the remainder of the  pound belong to the plaintiff the other survive child fourthly that the father  ought to answer interest for the from the end of a year after the testatrixs  death security be never want in the public fund and it be his default that he  do not make a appointment at the end of the year after the death of the  testatrix and therefore decree interest to be answer after the rate of per  cent per and but the master in compute of the interest be to take out of the  principal so much as with the interest of it will make Vernon chancery case up  pound when it be pay to the son in and then to carry interest for the remain  principal from the end of the year after the testatrixs death and decree such  principal with single interest to be pay the plaintiff Reg lib a fol note the  testatrix by a codicil to her will leave pound to be employ by her executor in  incidental expense as they shall see cause without give any reason for their  so do to any person whosoever out of this sum the court order the cost to be  pay so far as the same will go and so far as the same prove deficient the  party to bear their own cost