civil against Richard January S c Eq Cas ab vern follow MGibbon v Abbott bee  Cas there cite as bevel v rich all the rest of my estate I give to a b to give  to my child and grandchild accord to their demerit the question be on a will  whereby after other bequest this clause be add videlicet item all the rest of  my land God and personal estate I give to a b on trust to give my child and  grandchild accord to their demerit the testator die the devisee who be heir  and executor give the land to one omit the rest and the question be if that be  a disposition accord to the trust and be much argue the Lord chancellor I take  it for a rule that wheresoever there be a demand in law or equity there must  be a certainty of the thing demand to be adjudge or decree here it be leave  both for the time when the demand shall be make and to the sum or proportion  of the land and here be by that mean a uncertainty of the party to who he may  afterward have more or less grandchild I sit not here to make the will of man  nor to interpret they far than the will go and therefore as to the settlement  of the land on one and not all I can alter it be clear the child be not to  come in by the will immediate but by the Act of the devisee and he be to give  or distribute accord to their demerit therefore he be judge and dismiss the  bill as to that case in chancery he remember several case in this court  videlicet one adjudge by himself where the husband of a second wife have two  daughter by the first devise his personal estate to his wife to be distribute  among the daughter during the widowhood of his wife and die she marry again  and afterward give the whole to one of they in that case the other be relieve  because the power of distribute during her widowhood do determine upon her  second marriage and a trust may be annex to a power or to a estate with power  he also remember a case between and in the Lord egerton time where one possess  of lease for year devise they to his wife and hope she will leave they his son  and die her second husband grant the lease away the son sue to be relieve but  be dismiss for it be no trust for the son and in the principal case he say  though they amount not to give the plaintiff the land yet the word be not idle  but put a restraint on the devisee for though he may give the land as he do  yet he can not give they in possession or remainder to any stranger but only  to the family then another question arise touch the personal estate wherein  the point be that a citizen of London be residuary legatee die whether this be  but a legacy which till election rest prima fancy in the legatee not as  legatee but as executor for he be executor and the first testator estate which  remain in the executor as executor shall not be subject to the custom as the  executor own estate the Lord chancellor decree the contrary and say I will  make election for he