ambler m smith against crying Euhan ante p serjeant hill ms this be a point of  general concern the conveyancers have not at all alter their old method of  make settlement notwithstanding the case which have be determine it be not  material now when the plaintiff be bear the party in this case have use more  care than in a common case to provide for the plaintiff because it be a second  marriage the general idea of person make settlement be to make a provision for  the old son then a jointure for the wife and then provision for the young  child in small estate the wife jointure general cover the whole during her  life but in large estate it be common to provide for the wife jointure out of  part and the provision for the child out of the other part the provision for  the young child and even for the old son be always leave till the father death  because of the obligation of his provide for they during his life but there be  no such obligation in the mother the court go at first on this general ground  they consider the term as vest in the trustee and why shall a court of equity  prevent the trustee from make use of such land and therefore the court use to  raise the portion in all case till the case of Corbet v Maidwell vern salk  when the Lord Cowper consider the case on both side and that a estate will be  mangle by raise the portion too soon ambler from that period hitherto follow a  regular series of determination and I can incline to either side where there  be precedent determination to guide I and though I may be otherwise more  liberal yet their conscience will in a great measure bind I the court have do  right on both side for in common case where there be nothing to postpone the  raise of the portion and the contingency have happen let the old principle  reign but where the intention of the party be otherwise and the court have be  very astute in find out such intention then the raise must be postpone this be  a plain case it be observable it be a second marriage and that must vary the  case it be not possible to provide for the wife in any manner without cover  the whole estate two event general shall precede the raise of portion way the  death of the father and mother the party have the second event of the mother  survive the father under consideration the word of the settlement be  remarkable they be not for default of issue but if the father shall die  without issue male and shall have one or more daughter or daughter live at his  death the death of mother do not alter the time of raise the portion they be  not raisable till the father death and no notice be take of the mother life  this show that if the wife life be to have postpone the raise they will have  take it into consideration the word then be very material and point out the  time of raise as to the manner the word rend issue and profit must mean more  than annual rend for how can annual rend be mortgage the settlement in this  part be inaccurate pen Mr York by his argument will make this the same case as  broom v Berkley but I think the principal reason of that determination be the  maintenance provide I shall be unwilling to give the word lease such  construction as lease at rackrents but here I have no occasion but shall take  advantage of the inaccuracy and give it another meaning ambler er p the party  never mean lease at rackrent to raise pound out of pound per annum though the  court have determine and right in some case to raise by rackrents but it be a  unnatural construction Leasing the rend and profit must mean lease for a time  and assign must mean sell for the whole term therefore there be three way of  raise ambler these portion saint lease for a term if that wont do mortgage the  term and if that wont do then assign it decree the plaintiff be entitle to  have the portion raise with interest at pound per cent per annum from the time  of fill their bill either by sell or mortgage the reversionary term  notwithstanding the life of the mother together with their and the trustee  cost which they be decree to pay he bill dismiss as against the mother with S  cost her answer not be reply to