case Whitmore versus wield maii in court Lord keeper vent post case Ch Rep Ch  can S c devise of a personal estate to a trustee in trust for testator only  son and the heir of his body and if his son die during his minority and  without tissue then to a and make his son executor and b executor in trust for  his son during the soil minority the son life to and then die without issue  this personal estate shall go to the executor of the son and not to a the case  arise upon the will of Mr Whitmore who by will date that January devise the  surplus of his personal estate be of the value of pound to the Lord craven  during the minority of William Whitmore the testator only son for the use of  he and his heir lawful descend from his body and to the use of the issue male  and female descend from the body of his sister Elizabeth wield decease  Margaret Flemish and whether Robinson in case his son die during his minority  without issue and make Vernon chancery case his son executor and the Lord  craven executor during the son minority the testator die in his soil be about  the age of thirteen and the Lord Vernon chancery case er p craven prove the  will during the minority of the son and afterward the son die without issue be  at his death of the age of eighteen and have never take upon he the  executorship of his father and before his death he make his will and thereby  devise to his wife the plaintiff all his estate real and personal and what  else he can give her and make her sole executrix and the question be whether  she as executrix to her husband or the child of the testator sister shall have  this personal estate for the plaintiff it be insist that here be a estate by  this devise absolute vest in the son and that no word in the will can  afterward divest it and that it be against the nature of a personal estate to  be thus limit over as to the entail of term for year and personal chattel vide  man case   Lampetts case   b child v Baily Jo cro James palm Eq can ab pl S c  duke of Norfolk case Ch can hide v parrot all p wms and the son have by this  devise a absolute right in the personal estate and may spend it or forfeit it  and the case of Clent and ridge be cite where a man devise pound apiece to his  sister but if they shall happen to die before twentyone he devise it over and  the Lord Shaftesbury in that case decree for the remainderman but that decree  be afterward reverse upon a appeal to the house of lord and it be much insist  on that the devise to the Lord craven be during the minority of the son that  ought in this case to be intend until he shall attain the age of seventeen  year and the as to the entail of term for year and personal chattel vide man  case   Lampetts case   b child v Baily Jo cro James palm Eq can ab pl S c duke  of Norfolk case Ch can hide v parrot all p wms Lord craven be also make  executor during the minority of the son it show the testator intend that the  Lord craven interest in the personal estate shall determine when the son  attain the age of seventeen year and the personal estate be then absolute vest  in he can afterward be divest for the defendant it be insist that the intent  of the testator and the letter of the will carry this estate to they and that  devise do well enough consist with the rule of law here be no estate actual  vest in the son it be Vernon chancery case a trust in the Lord craven and that  during minority be always take in our law to be till the party attain the age  of twentyone year Lord keeper say he be trouble to see the intent of the party  in any case disappoint but more especial in the case of a will which be many  time make in haste when there be not time for that advice and deliberation  which may be use in other case and therefore as far as the rule of law will  permit the intent of the party ought to be support and say this will may  certain have be so pen that it shall have go over to his sister child and he  take the question touch the minority to be a considerable point and observe  that though a infant at seventeen may administer but administration shall be  grant to another till he be because he can enter into a bind with surety as  require by the statute of distribution pound car cap Bac Abr d tollers law of  executor so in the case of infant sole executor administration with the will  annex shall be grant to the guardian of the infant or such other person as the  spiritual court shall think fit until the infant shall attain and then and not  before probate shall be grant to he and such guardian shall then have the same  power as a administrator dur minor tat vide stat g III cap sect yet he can not  till he be of full age commit a devastavit nor can a feme covert executrix  commit a devastavit though she may be charge for waste do by her husband if  she survive on a judgement obtain against he Horsey v Daniel Le v et vide anon  vent nelthrop ux v Anderson salk how far a husband be to be charge for a  devastavit commit by his wife executrix dumb sola or after the marriage king v  Hilton ux cro car Lutw and say if it be a trust vest the limitation over must  not be endure but if it be not vest it will come near the case of Massenburgh  and ash ante case but say he will consider of it and have the opinion of the  judge Reg lib b fol et vide post where decree to be a trust vest in the son  and remainder over void Vernon chancery case er p Vernon chancery case de  boundary S the number three James two in curian porter