c brew v brew S c Prec in Charles vern Eq can ab Lord keeper follow henty v  wrey Ch d portion charge upon land Mr brew upon his marriage with sir f  winnington daughter in consideration of pound portion settle his estate of  pound per annum to the use of himself for life remainder to his intend wife  for life remainder to trustee for year with remainder to the first and other  son in tail male successive remainder to his own right heir freeman er p the  trust of the term for year be declare to be that in case he shall leave no  issue male who shall arrive to the age of twentyone or in case the issue male  shall die unmarried then to raise pound for such daughter to be pay within one  year after the death of the father or mother he have issue by his wife one  daughter only the land settle for jointure be encumber devise part of the  jointure land to his wife in fee upon trust that first she shall make up her  jointure pound per and and shall raise pound freeman for her daughter as a  portion and after the say jointure make up and the say pound raise or secure  that then she shall convey the inheritance of what shall remain to his brother  b brew the daughter prefer her bill to have this pound pay or secure and pen  the suit die be about five year of age and the mother as administratrix to her  daughter revive the suit and the main point be whether this portion of pound  shall merge for the benefit of the heir at law the daughter die a infant or  whether the mother shall have it as administratrix to her daughter and it be  admit on all side that as it stand upon the deed of settlement the portion  sink for the benefit of the heir at law the daughter die before it become  Payable accord to the Lord Pawletts case ante c p and see note there which be  affirm in the house of lord and that point have ever since be a settle point  and so it be hold also in the case of bind and bind and of Yates and  Fettiplace Ante c p which case go up to the house of lord and be there resolve  accord and as it stand upon the will it seem the word immediate forgo  videlicet to make up her settlement or else be not Intelligible and this seem  to be a far security for the portion mention in the settlement and although no  time be limit in the will for the payment of it yet a time be limit in the  settlement the time shall be intend the same but if a portion have be appoint  by the will without relation to the settlement and no time have be appoint for  the payment of it it must have be Payable presently Cowper v Scott p wms but  the Lord keeper seem to hold that if it have stand single upon the will yet be  mention for portion and the daughter die before she be marriageable Codwin v  Monday Br it shall have merge for the benefit of the heir and no difference  when a portion charge upon land of inheritance be give by will or when it be  by settlement for in both case it shall merge for the benefit of the heir  though former it be hold it will not do so in the case of a will but that be  since resolve in the case of smith and smith and that when it be give for a  portion although no time limit yet it shall not be pay till the party be  capable of marriage and it be hold by the ford keeper and agree by the freeman  master of the roll that where a portion be by deed or settlement make Payable  at eighteen or marriage and no provision for maintenance in the mean time  there if the father die before the portion be Payable this court may allow a  maintenance boycot v cotton atk and do in this case allow the mother after the  rate of mark per and for so long as the daughter live after her father but it  be agree on all hand that where a legacy be give out of a personal estate  Payable at twentyone or marriage and the legatee die before it shall go to the  executor or administrator Jackson v Jackson Ves sen ante c p and if no time of  payment be mention it be Payable present and the Lord keeper seem to be of  opinion that the maintenance shall be out of the interest of the portion and  that where it be Payable in going to be the court may order it to be put out  at interest and the maintenance to be pay out of the interest Ante c p freeman  er p