case tournay versus tournay refer to henty v wrey Ch d ante post Eq case Abr  pl S c by marriage settlement a term be create for raise pound apiece for  young child to be pay they within a year after the father death and with  interest from his death one of the child die after the father but within a  year after his death the portion not be raise hold per cur that it shall sink  in the inheritance and not be raise for the benefit of its representative upon  the plaintiff intermarriage with her husband in he and the plaintiff and  defendant his old son and heir apparent join in a settlement of several land  to trustee and their heir to the use of the husband for life remainder as to  part to the use of the wife for life remainder after their two death and as  their several estate shall determine to the trustee for year upon the trust  after mention with several remainder over and it be hereby declare and agree  that the term of year be so limit upon trust and to the intent and purpose  that the say trustee c do and shall out of the rend and profit of the say term  or by mortgage or sale thereof raise the sum of pound apiece for any young  child or child to be beget between the husband and wife and to be pay to they  respective within one year after the commencement of the say term of year with  interest at per cent per and from the father death till pay they have three  daughter and one son the father die and one of the daughter die afterward  within the year after her father death the plaintiff her mother take out  administration and bring this bill against the trustee and heir at law to have  the pound raise and pay with interest precedent in chancery for the plaintiff  it be insist that this pound become due immediate upon the father death and  may have then be raise and pay and that the limit it to be pay within a year  after the commencement of the term be only for the conveniency of the trustee  in give they a reasonable time to raise it in and that if they have pay these  portion present the payment will have be good and a proper discharge may have  be give for it that this case differ from the case where a portion be to be  pay at or marriage or any other time certain there perhaps if the party die  before and so have no occasion for it this court will not charge the heir  inheritance for the sake of stranger but here it be due present upon the  father death for then the term as to part of the land have its commencement  and it be appoint also that they shall have interest at per cent till their  portion pay and sure there can be interest where there be no principal on the  other side it be argue for the defendant that if this be a legacy and to be  pay out of the personal estate this will be debt is owed in presenti and  though the party die before payment it shall go to their representative but  the difference have always be take since the case of Pawlett and Pawlett  Vernon where such portion be to be pay out of the personal estate and where  they be to be raise out of the real estate and so execute a charge upon the  inheritance of the heir for in such case if the party for who it be provide  die before payment it shall sink in the inheritance for the benefit of the  heir and his estate shall not be load only for the benefit of stranger my Lord  chancellor say true it be in this case the pound apiece be raisable by the  trustee present after the father death if they have think fit but the child  can not have demand it till after the year it be not absolute due upon the  commencement of the term precedent in chancery because there be a whole year  give for the raise of it and therefore since one of the daughter be dead  within the year and before such time as she can have demand it in favour to  the heir and for the benefit of his inheritance the case have all go this way  that such portion shall sink and not be raise at all and accord pronounce his  decree but as to the other child who be likewise plaintiff a account be decree  to be take of the rend and profit of the term and their portion to be  forthwith raise and pay by sale or mortgage precedent in chancery er p  precedent in chancery de boundary paschae in curian porter