brown case earl of bindon and other appellant earl of suffolk and other  respondent d February Mews dig xv see in re smith trust Ch d I S be entitle to  a debt of pound due from the crown devise the same to six of his relation  equal to be divide between they share and share alike and if either of they  die to the survivor or survivor of they all the legatee survive the testator  but before the debt be recover one of they die hold that the legatee be  jointtenants and that the representative of the legatee die be not entitle to  any part of this legacy decree of Lord chancellor Cowper reverse but see the  case of stringer v Philips determine at the roll Michaelmas where in case of  pound give by will to several equal to be divide between they and the survivor  and survivor of they it be hold that the devise make they tenant in common the  word survivor etcetera be to be understand of such of they as shall be live at  the testator death see Eq ab c Cox p wms in n see also the case of Barker v  gyles p wms haw v haw atk ves stone v Heurtley ves rise v hill burr Salisbury  e v lamb Ambl cite by Mr Cox in the case of Barker v gyles see ante title  devise can which be a devise of land to a and b and the survivor of they and  their heir equal to be divide betwixt they share and share alike it be  determine that a and b be jointtenants for their life and have several  inheritance see p wms in Lord harcourt ms table the reason of the  determination of this case be allege to be that the word survivor must signify  something and therefore it shall be construe if any of they die before the  money receive it be there also state that this be consider as a desperate debt  due from the crown see the case and the report in viner cite in the margin p  wms Eq can ab c viner vol p can in n vol p can James earl of Suffolk be seize  in fee of audleyend house together with brown er p the park and land thereunto  belong by deed and fine in October convey the same to king Charles two in  consideration of pound whereof only pound be pay and the remain pound be order  to be pay out of the revenue of the hearthmoney on the that of July the say  earl James make his will and thereby after take notice that the say pound  still remain unpay he give and devise the same in the word follow videlicet I  do hereby give and devise the say pound unto my brother George Howard and  Henry Howard and unto Henry Howard Edward Howard Charles Howard and Diana  Howard son and daughter of my say brother Henry Howard equal to be divide  between they share and share alike and if either of they die to the survivor  or survivor of they brown and he appoint the respondent whether countess  dowager of Suffolk his wife and Henry earl of Suffolk his brother together  with Richard Newman Esq executor of his say will but before any part of this  pound be pay the revenue of hearthmoney be take away by act of parliament the  say George Howard succeed his brother earl James in his honour and have  survive he about three year die intestate before any part of this money be  receive whereupon administration of his estate be first grant to mary  Coppinger widow the administratrix of Ralph Coppinger decease who be a  principal creditor of earl George but this administration be afterward revoke  and a new one grant to the respondent Margaret Davies who be one of earl  George daughter on the saint of November king William in consideration of a  release of the say pound from the survive executor of earl James and at the  nomination of the respondent Henry earl of Suffolk and of the appellant grant  the say audleyend house park and land to Peter king and Thomas Marriott  esquire upon the follow trust videlicet in the first place for save harmless  the survive executor of earl James against all claim and demand of the  administrator or other representative of earl George for or in respect of the  say pound or any part thereof and for make satisfaction to such administrator  or other representative of earl George in case they shall appear to have right  to any part of the say pound and subject thereto as to one five part of the  premise in trust for the respondent earl Henry and his heir as to another five  part in trust for the appellant the earl of bindon and his heir as to another  five part in trust for the appellant Edward Howard and his heir as to another  five part in trust for the appellant Charles Howard and his heir and as to the  remain five part in trust for the appellant lady Diana the wife of the  appellant John Pitt and her heir for ever the earl of bindon have contract  with the several other party for the purchase of their respective proportion  of the say premise exhibit his bill in chancery against they and the trustee  king and Marriott and also against Margaret Davies the personal representative  of earl George in order to have a proper conveyance execute to he of the  premise free from all encumbrance and that he may be quiet against the claim  of the defendant Davies who insist on be entitle as the administratrix of earl  George to a six part of the pound on the that of June the cause be hear before  Lord chancellor Cowper who declare his opinion that the devise in earl James  will take place in point of interest immediate on his death earl George  survive he and that the defendant Davies as the administratrix of earl George  be well entitle to a six part of the say pound and therefore decree interest  to be compute on such six part from the time that the plaintiff have  possession of the premise and upon his pay to the say brown defendant Davies  one six part of the say pound with interest as aforesaid it be order that the  several defendant shall execute a conveyance of the say premise to the  plaintiff but in default of such payment it be order that the plaintiff bill  shall stand dismiss with cost to be tax from this decree the plaintiff appeal  and on his behalf it be argue S Dodd that the word of the devise it either of  they die to the survivor or survivor of they contain no limitation of time  within which such die to entitle the brown er p survivor be to happen the time  ought to be construe as large as any reasonable sense of those word will bear  and therefore it be most reasonable and proper to understand they to relate to  the die of any of the legatee before the debt shall be recover or receive that  some survivorship be evident intend as well as a equal division there be  express word for both and it be but reasonable that both shall refer to the  same time I e the time of payment for the pound can only be divide when pay  and so the sense of the testator will be this as soon as the pound can be get  it shall be divide among my brother etcetera and the survivor of they or among  my brother etcetera or such of they as shall be then live that there be no  other time to which this survivorship can be refer except the time of the  testator death and that can not be because it will make the clause of  survivorship entire useless for of course those who die before the testator  will be exclude without this clause and it be natural to suppose that the  testator may reasonable intend a kindness to the person name if they shall  live to receive it which he will not give to a representative who may be a  perfect stranger to and without any merit from the testator and if the clause  of survivorship shall be understand to relate to a die of any of the legatee  in the testator lifetime it will be make the will provide for a contingency  before it be a will which will be unreasonable and void as it be only a will  from the time of the testator death on the other side it be insist g  pauncefort that earl George by survive the testator become entitle to one six  part of the say pound and that the clause of survivorship be only intend to  prevent the share of any legatee who may die in the testator lifetime from  fall into his general estate and by that mean come to those who he never mean  to have any part of it but after hear counsel on this appeal it be order and  adjudge that the decree shall be so far reverse as it relate to the allowance  of the six part of the say pound and interest and to the account to be take of  such interest and to the dismission of the plaintiff bill with cost in case he  shall make default in pay the say six part and interest and it be further  order that the trustee shall forthwith execute conveyance of the premise in  question to the appellant the earl of bindon and his heir or to such other as  he shall appoint jour v p