case upwell against Halsey doubt nalin v Keighley Ves jun hold overrule  Phillips v Eastwood Ll g tempt Sugden if a testator devise all his personal  estate to his wife and that such part thereof as she shall leave of her  subsistence shall return to his sister the sister shall have the residue after  the death of the wife S c Peer wms S c Eq Abr the clause of the will upon  which this case turn be this I make my wife whole and sole executrix of all my  personal estate and my will be that such part of my personal estate as she  shall leave of her subsistence shall return to my sister the interest of the  personal estate be not sufficient to maintain the wife the wife after marry  the dispute be between the second husband of the wife and the sister of the  first husband sir Joseph Jekyll master of the roll before who the cause be  hear give it in favour of the sister he say that such a sense if possible  ought to be put upon a will as be agreeable to the intention of the party and  consistent with the rule of law and such a one he think this will be capable  of for he understand it thus I devise the use of my personal estate to my wife  for her life with a power the interest not be sufficient for her maintenance  to dispose of as much of the principal as shall be necessary for her  subsistence and his sister to have the residue he think no stress be to be lie  upon those word all my personal estate for that be no more than what the law  imply for when a person be make executor modern report the law vest all the  personal estate in he but then it be true that this gift which by construction  of law be absolute may be qualify by the declare intention of the testator  here it be restrain to her for her life but with a power indeed to dispose of  so much of the principal as shall be necessary to her subsistence over and  above the interest a account be accord decree to be take with direction suit  to this construction of the will a see Astley v powis vezey Beckham v cross  vezey Neal v attorneygeneral Moseley Bacon v clerk Peer wms Kelly v Bellew bro  p c a