case rolt versus rolt April a settle his estate to his sister b for life  remainder to her second and other son in tail c and give her a power with the  consent of c her husband and for c survive b to charge it with a sum not  exceed pound for their child and if they or the survivor of they do not  appoint the provision then pound each to be raise for young son and pound each  for daughter at their age of twentyone with interest at pound per cent for  their maintenance to commence from the time of the appointment and if no  appointment then from the death of the survivor of b and c and if any of the  young child die before their share become Payable the same to go to the  survivor a die c die leave four young son and two daughter one of which die a  infant soon after her father then b die without make any appointment the whole  pound shall be raise and carry interest only from the death of b Mr Bainton be  seize in fee of a considerable estate and have no child by indenture January  covenant to sufler a recovery of all his land to the use of himself for life  then to his wife for life then to the issue of their body and for want of such  issue in trust for his sister whether bolt for her sole and separate use  during life and after her death if Edward bolt her husband shall survive her  to permit he to receive the clear yearly sum of pound during life and  afterward to Edward bolt old son in the Reg book he be state to be the second  son of Edward and whether for life with remainder to his first and other son  with like remainder to Thomas and all the other son of Edward and whether then  come this proviso provide also that it shall and may be lawful to and for the  say whether bolt with the consent of the say Edward bolt her husband and for  the say Edward bolt her survive from time to time by sale mortgage or  otherwise charge the premise to rise and secure such sum of money not exceed  in the whole the sum of pound as the say whether notwithstanding her coverture  shall with the consent in write of her husband think fit and for the say  Edward bolt her survive as he shall think fit for the maintenance and portion  of any of the child of they the say Edward and whether bear or to be bear and  if the say Edward and whether his wife or the survivor of they shall not  appoint in what proportion such their child shall be case tempt Talbot provide  for then all the party to these present be agree that pound apiece shall be  raise and Payable to each such young son and pound apiece for the daughter of  the say Edward and whether and if there shall be but one daughter then pound  for such only daughter at their age of twentyone year with interest for the  say several sum after the rate of pound per cent for their several respective  maintenance until their respective portion shall become Payable and such  maintenance to begin from the time that shall be appoint by the say Edward and  whether his wife or the survivor of they and in case no such appointment then  from the death of the survivor of they the say Edward and whether his wife  then come a provision that if any of the young child die before their  respective share become Payable then the share of such child so die shall be  equal divide among the survive child Mr Bainton die soon after without issue  and then in the year Mr roll die leave issue by his wife four young son and  two daughter Elizabeth and Anna maria which last die a infant soon after her  father death and in the year the mother die have never charge the land with  the pound or any other sum for the young child provision nor give any  direction in what manner or proportion they shall be provide for some of the  child have attain their age of twentyone in her lifetime the question be first  whether there have be no appointment make by the father or mother the sum of  pound only shall be raise pursuant to the power case tempt Talbot er p give to  they or whether the whole sum of pound shall be raise pursuant to the clause  which in default of appointment give pound to each young son and pound to each  and every daughter there be four young son and two daughter one of who die a  infant in her mother lifetime the second question be whether such of the child  as attain their age of twentyone in their mother lifetime shall have case  tempt Talbot interest for their portion from that time or only from the time  of their mother death Lord chancellor the first question be how much shall be  raise for the young child whether the whole sum of pound or only pound by the  first clause it be clear that no more than pound be to be raise but the doubt  arise upon the second clause whereby particular sum be provide for each young  child in case no appointment be make by the father or mother which have not be  do and by the number of young child the particular sum provide by this clause  amount to pound this second clause indeed be not a independent clause but  subsidiary to the first in case the first do not take effect then this second  be to prevail whereby he have make a certain direct charge of pound for each  daughter and pound for each young son without any provision as there be in the  first clause that the whole shall not amount to more than pound in the first  clause where he delegate the power of charge he think it proper to confine  that discretionary power give but where he be to charge the estate himself as  by this second clause he do there be no reason for he to confine his own  discretion and if so can a court of equity where there be six young child and  the estate well able to bear the charge seek for a foreign intention to take  away their bread the question whether Anna maria who die in her mother  lifetime be such a daughter as can be say to have any interest in this sum of  pound depend upon the construction of the deed whether it be a certain charge  before or not until t mother death the power of appointment be not give to the  husband and wife joint but to her to be case tempt Talbot execute with her  husband consent which show that he intend that she may execute it during her  coverture and in case the husband shall survive her then there be a express  provision that he may execute it but in case she survive her husband as she do  it be no so clear by this clause whether by the first gift of the power to her  he intend to enable her to execute it during the coverture only but under the  control of her husband or whether she may execute it after her husband death  this I say be not clear by this clause but the other clause of maintenance  make it so and prove his intent to be that it may be do either way for it say  appoint by the survivor and therefore the take it in the first sense will be  take away the effect of the word whereas in all case the construction must  prevail which make the whole consistent and where there be plain and ambiguous  word those that be ambiguous and doubtful must give way to such as be plain  and obvious by the first clause such child only can be consider as entitle to  any share under the power of appointment as be live at the survivor death but  no appointment have be make it stand upon the second clause which be a direct  charge upon the land of pound and pound for each daughter the next question be  about the interest from what time it shall be Payable and I be of opinion that  although the payment be to be at twentyone yet no certain interest vest in any  of the child until the survivor death and although some of they attain their  age of twentyone in their mother lifetime yet all be contingent until the  survivor death no interest can be due but from the time of the happen of the  contingency and so decree the whole pound to be raise and interest from the  mother death only Reg lib a fol case tempt Talbot er p case tempt Talbot de  boundary pascae geo two in curian porter