case duchess OF Buckinghamshire appellant Charles sheffield and  Others Respondents that march that march a devise all his real estate to his  son b and his issue remainder over and direct the residue of his personal  estate to be lie out in land and settle to the same use as he have devise his  real estate b die without issue before this residue be lie out hold that his  executor be not entitle to it but that it shall be invest in the purchase of  land pursuant to the testator will John duke of Buckinghamshire in his  lifetime make his will all of his own handwriting date the that of August and  thereby among other thing give and devise to the right honourable Charles earl  of orrery George Lord Willoughby de brook Thomas Lord Trevor and to the  respondent Allen Lord Bathurst and Patrick garden their heir executor and  assign respective all his manor and lord brown er p ship of Normandy Burton  Butterwick Crosby Conisby and Flexborough in the county of Lincoln with all  their right member and appurtenance and also the manor of Dunsle in Yorkshire  which he purchase of Mr Fairfax in trust only and for the sole use and benefit  of such person as he then do or shall thereafter nominate appoint and choose  he also give and devise to the same person who he constitute his executor and  to their heir for ever respective all his other real and personal estate  whatsoever to be dispose of to such person and to such use only as he then do  or shall thereafter direct and appoint in the first place his will and meaning  be that the appellant shall have during her life his new build house in saint  James park with the two wing adjoin and all the stable garden court and green  house thereunto belong with all his oil and water colour picture and statue  therein except what he shall particular mention and give away otherwise either  then or thereafter but he give all these thing and this house also for her  life upon this express condition only that if the appellant shall at any time  marry again then his will be that the say house with the say two wing picture  and statue shall go forthwith to his old son and his issue and if all his  issue male shall die then to his old daughter and her issue and if the  testator leave no lawful issue then to the respondent Charles Sheffield by his  then name of Charles Herbert and if he shall die without issue then to the  testator two natural daughter the respondent Sophia and Charlotte in the next  place his will be that his old son and his issue and if the testator leave  none his old daughter and her issue shall after his death have all his whole  estate real and personal except what he have give to the appellant and shall  give by other disposition to her or to any other use or to his natural child  then his will be that the respondent Charles brown Sheffield shall have pound  pay by the trustee at the testator death and that Mr William Bromley shall  have the tuition of he till the age of also that the respondent Sophia and  Charlotte shall have pound apiece pay for their use and benefit at the time of  the testator death or as soon after as can be and he direct that all those  three child shall carry his name and arm with the accustom distinction of  natural child the testator then direct his trustee to dispose of all his  estate both real and personal accord to their judgement for the advantage of  all those to who he have give it particular direct they to buy land by advice  of chancery with all the money which he have give thereby to his dear son as  aforesaid and if he shall be so unhappy as that no legitimate son or daughter  of his shall live to leave at any time the blessing of any child behind they  in such case of their die thus without leave any issue behind they he direct  that the respondent Charles Sheffield and his issue shall have all his estate  both real and personal just in the same manner and with the same restriction  and exception as to the appellant and on condition also that he add pound to  each of the respondent Sophia and Charlotte and that he pay also to his mother  mrs Lambert pound and if he shall die with only issue female then the testator  direct that all his estate shall be equal divide among his the respondent  Charles sheffields daughter and the respondent Sophia and Charlotte and if the  respondent Charles Sheffield shall die childless then and in that case the  testator direct that all his say real and personal estate shall go to the  respondent Sophia and Charlotte with the same restriction and exception and in  case the testator shall die without leave any legitimate issue male he give to  his near kinsman Robert Sheffield all his stock at the alum work on condition  that he perform all the contract which the testator have make with any person  about alum and in case his say kinsman shall not so engage to perform his say  contract he thereby give all the say stock at his alum work to the respondent  Charles Sheffield provide nevertheless that all the person intend to take any  real estate in the premise and also the husband and husband of every such  woman or woman to who any estate be therein before limit or devise shall  within three month next after they shall several come to be in the possession  of any part thereof take upon he her and they the surname of Sheffield and  endeavour to procure as soon as they can a act of parliament for the call he  her and they by the name of Sheffield and for their style themselves in all  deed and write by the surname of Sheffield and if they shall refuse or neglect  to take upon he her or they the say surname of brown er p Sheffield within  three month in manner aforesaid and shall not within brown three year use his  her and their utmost endeavour to procure such act of parliament as aforesaid  then the whole estate and estate therein devise to he her or they so refuse or  neglect or to the woman or woman who husband or husband shall so refuse or  neglect shall cease and be void and then and from thenceforth the person or  person who by virtue of his say will shall be next in remainder may enter into  and enjoy the same take upon he her or they the surname of Sheffield and  endeavour to procure such act of parliament as aforesaid and the testator also  give and bequeathe to his trustee and executor all his money and all other his  personal estate not otherwise before give or dispose of in trust that they or  the survivor or survivor of they shall sell and dispose thereof for the most  money that can be get for the same and shall put out at interest such money  for the best advantage they can make till the same can be lie out by they in  some good purchase of land tenement or hereditament in feesimple free from  encumbrance and they be thereby direct to make such purchase accord and to  settle the same land tenement and hereditament to and upon the same person and  use and upon the like trust limitation and condition as his real estate be in  his say will give and devise and that the interest shall go as the rend and  profit of the land when purchase be to go the duke afterward make two codicil  both also of his own write and die on the that of February leave issue Edmund  duke of Buckinghamshire and Normanby his only son and heir a infant of tender  year and soon after the testator death his executor prove his say will and  codicil and take upon themselves the execution of the trust and executorship  in easter term duke Edmund by his next friend exhibit his bill in the court of  chancery against the appellant and the trustee and executor and the respondent  Charles Sheffield then Herbert Sophia Cox then Sheffield and Charlotte walker  then Sheffield pray inter alian that a proper allowance may be settle out of  his estate for his maintenance and education from time to time and that the  rend and profit of his estate from his father death may be annual account for  and the clear residuum thereof improve for his benefit in July follow the  respondent Charles Sheffield Sophia Cox and Charlotte walker by their next  friend likewise exhibit their bill in the court of chancery against the say  Edmund duke of Buckinghamshire and Normanby and the appellant and the executor  and trustee pray that the late duke be debt and legacy may be pay and that the  legacy to the then plaintiff may be effectual secure to be pay to they as soon  as they shall be capable of receive the same and that the same brown may in  the meantime be so dispose of and employ as that they may have the benefit  thereof for their maintenance and education and that the several trust create  in and by the say will may be execute and perform and all matter and method do  and take in relation thereto for the benefit and advantage of such as be or  shall be concern in the say estate under the say will the several defendant to  both these bill have put in their respective answer the plaintiff in each  cause reply and issue be join and several witness examine both cause come on  to be hear together before the Lord chancellor Macclesfield on the d of  December who declare that the say will and codicil be well prove and that the  same ought to be establish and the trust therein perform and decree the same  accord and it be also decree that a account shall be take by the master of the  testator personal estate not specifical devise which have come to the hand of  any of the party respective or to the hand of any other person for their  respective use and the master in take the say account be to make all just  allowance and it be further decree that the specific legacy shall be deliver  to the person to who the same be devise and that the rest of the testator  personal estate after his debt and legacy pay and all other just allowance  thereout deduct shall be invest in a purchase or purchase of land tenement and  hereditament in feesimple free from encumbrance to be approve by the master  who be to see such estate when purchase settle upon the person and use and  upon the like condition as the testator real estate which pass by the will be  direct and in the mean time until such purchase or purchase can be find the  say personal estate be to be put out upon security or brown er p security to  be allow of by the master at interest for the best advantage which interest be  to go as the rend of the land when purchase be to go and it be further order  that the master shall take a account of the rend and profit of the testator  real estate not settle upon or devise to the appellant which have accrue due  since his death and the master be to appoint one or more person or person to  receive the rend and profit of such real estate and also of the personal  estate for the future and to allow they salary in respect thereof such  receiver or receiver first give security to be allow of by the master duly to  account for and pay what shall be by they respective receive and such receiver  be at least once in every year respective to account before the master for  what they shall so receive and the rend and profit of the say real estate and  the interest of the surplus of the personal estate above what shall be allow  thereout for duke Edmund maintenance and education be to be from time to time  put out and improve at interest upon security to be allow by the master for  the say duke be benefit and a distinct account brown be to be take and keep  thereof and the master be to tax all party their cost of those suit which be  to be pay out of the testator estate and any of the party be to be at liberty  from time to time to apply to the court for such further direction as may be  proper upon the motion of counsel for duke Edmund pray that the sum of pound  part of the south sea stock belong to the testator may be sell in order to pay  the purchase of some estate in the county of York which have be contract for  it be on the that of may order that it shall be refer to the master to see out  of what estate the say pound may be raise for purchase the say premise beside  the testator south sea stock and whether it will be proper and for the benefit  of all party to have the money necessary for complete the say purchase raise  by sale of the say south sea stock or out of the other personal estate of the  late duke the master on the that of the same month make his report whereby he  approve of the executor and trustee purchase the say estate at the prince and  upon the condition therein set forth the same be convey accord to the use in  the late duke be will and on the d of June follow it be order that the master  shall state in a particular manner by way of estimate the several part of the  testator personal estate and the fact relate thereto accord on the that of the  same month the master make another report whereby it appear that the personal  estate of the late duke over and above the jewel household good coach and  horse give by he to the appellant absolute and the picture plate and statue  give to her grace for life or during her widowhood and afterward to go as the  house and estate be limit amount at the time of his death to the sum of pound  S d exclusive of the sum of pound S d capital south sea stock and pound  African stock and on the that of June it be order that the trustee shall be at  liberty to sell so much of the say south sea stock as be requisite for answer  the purchase of the say estate and accord the stock be soon afterward sell and  the purchase complete on the that of October duke Edmund die in his infancy  and without issue have first make his will date the that of October and  thereby devise all his real and personal estate to the appellant his mother  and appoint her sole executrix the say suit and proceed be abate as well by  the death of duke Edmund as by the marriage of the respondent Sophia and  Charlotte the same be afterward duly revive and by a order date the that of  march it be order that the possession of the manor of Normanby Burton  Butterwick Crosby Conisby and Flixborough in the county of Lincoln brown and  of the manor of Dunsle in the county of York and of the estate purchase in  Yorkshire in pursuance of the decree from the several person mention in the  report of the that of may shall be deliver to the respondent Charles Sheffield  without prejudice and subject to the further order of the court and that he  shall be at liberty to receive the rend in arrear of those estate that become  due since the death of duke Edmund but that the receiver shall notwithstanding  receive all such rend of those estate as become due before his death and be  then unpay and that the respondent Charles Sheffield shall by his consent pay  the rend reserve upon the lease of the alum work make to brown er p duke John  which have grow due since the death of duke Edmund and shall grow due while he  continue in the possession thereof and indemnify the trustee from the same but  such payment be to be make without prejudice to any demand that the respondent  Charles Sheffield may have to be reimburse what he shall pay out of the  personal estate of duke John from so much of this decree and order as direct  the personal estate of duke John to be lie out in the purchase of land to be  convey to the same use as the duke have devise his real estate by his will and  that possession thereof shall be deliver to the respondent Sheffield the  duchess appeal and on her behalf it be argue d rider I strange that upon  compare the several part of the will together it do not appear to have be the  testator intention that the personal estate give to his son duke Edmund and  his issue shall be lie out in land and settle accord to the decree and  consequent such personal estate absolute vest in duke Edmund the limitation  over be void as too remote and not warrant by the rule of law or equity and  upon his death become the property of the appellant as his executrix and  residuary legatee it be therefore hope that the decree and order will be in  this respect reverse and that the personal estate and the land purchase with  any part of it together with the profit and interest of both will be decree to  her on the other side it be contend W Hamilton W Noel that it manifest appear  by the will to have be the testator intention that duke Edmund his son shall  only have a estate tail in the real estate and in the land direct to be  purchase with the personal estate and that for want of issue of his body and  on failure of lawful issue of the testator his real estate and the land to be  purchase as aforesaid shall vest in his natural son the respondent Charles  Sheffield with such remainder over as in the will be mention so that both his  real estate and that which shall be purchase shall be hold and enjoy by one  and the same person that a will be always so construe as that all part of it  may prevail and have their operation if they can and therefore to construe  that part of the testator will whereby he declare that his old son and his  issue and if the testator brown leave none his old daughter and her issue  shall have his whole real and personal estate to amount to a absolute devise  of the residuum of such personal estate to the son his executor or  administrator as contend for by the appellant be unreasonable and without any  foundation and tend to overturn and destroy almost all the other part of the  will in prejudice of the respondent Sheffield to who the testator manifest  intend his real and personal estate shall come on failure of his own  legitimate issue and therefore it be hope that the decree and order will be  affirm and the appeal dismiss with cost accord after hear counsel on this  appeal it be order and adjudge that the same shall be dismiss and the decree  and order therein complain of affirm journ vol p