case flanders versus clarke may SC Ves the power of execution be not determine  by the death of one but the whole survive to the other and he may assent to a  legacy Margaret Flanders by a will date the that of November bequeathe to her  son John Flanders one hundred and fifty pound to be pay to he by her executor  therein name at such time and in such proportion as they shall judge necessary  for he and declare her will to be that the say John Flanders shall not have  the atkins er p disposition of the say legacy to his then or any future wife  but that in case of his death without issue the same shall revert unto the say  testatrixs family but in the mean time she direct her executor by halfyearly  payment to pay the say John Flanders interest after the rate of five per cent  for such part of the say principal as shall from time to time continue in  their hand till the whole shall be pay the survive executrix of the mother  direct the hundred and fifty pound by her will to be pay within two year after  her death the bill be bring by the legatee for the hundred and fifty pound and  insist he have a right to be pay the whole Lord chancellor the clause in this  will be so particular that it can be determine by any general rule but on the  pen of the will to take the clause by its particular part Margaret Flanders  bequeathe to her son John Flanders one hundred and fiftypound to be pay to he  by her executor at such time and in such proportion as they shall judge  necessary and declare that her say son shall not have the disposition of the  say legacy to his then or future wife but that in case of his atkins death  without issue the same shall revert unto the say testatrixs family if it have  rest there I shall have be of opinion John Flanders shall have have the  usufructuary interest only and it will have go over on his leave no issue at  his death for as I say at first the particular pen tie up the word to issue  live at the time of his death video Hodgson v Bussey ante atk and point out  the particular time when he may make the disposition and show therefore it be  a particular time and a particular die without issue that be mean by the  testatrix but in the mean time she direct her executor by halfyearly payment  to pay the say John Flanders interest at the rate of five per cent for such  part of the say principal as shall from time to time continue in their hand  till the whole shall be pay her intention seem to be that her executor shall  have a power of pay the whole or in part as the trade deal or occasion of the  son shall require and that he may spend or dispose of this as he think proper  but while any part of the hundred and fifty pound remain in the executor hand  to be subject to the will it have be object that the assent of the executor be  necessary to every legacy Northey v Northey atk and here be two under the will  of Margaret Flanders and one dead the survivor can assent I do agree whether  it be a specific legacy or a pecuniary one the assent of the executor be  necessary but the power of executor be not determine by the death of one for  the whole survive to the other executor so attorney general v gleg atk jacomb  v Harwood Ves and she may assent this come near the case in Fizgibbonss report  of the attorney general in behalf of the goldsmith company of London versus  hall where what the court go upon be the limitation over be void for as the  son have a power to spend the whole the company can have no more than he shall  have leave unspent and therefore dismiss the bill the legacy in the present  case amount to the very same here be a power to spend the whole and for the  executor to pay to the son of the testator from time to time either part of  the hundred and fifty pound or the whole as the occasion of the son shall  require this be too a provision make by a mother for a son I be of opinion the  legacy ought to be pay to he without his give any security and decree accord  Reg lib a fol