case Corbett versus MAYDWELL June Lord chancellor Eq can ab pl salk Ch Rep S c  ante can case arise on the settlement of Mr Maidwell a illpenned settlement  where the difficulty arise from a too great multiplicity of word the question  be whether the portion be to be raise in the lifetime of the father from the  blunder expression which it be hard to construe consonant to reason and  agreeable to former precedent the opinion I shall give Vernon chancery case be  from throw out all the impertinent word and take in the material word only the  use be first to Thomas Maidwell for life remainder to trustee during the life  of Thomas Maidwell to support contingent remainder remainder to trustee for  five hundred year remainder to Thomas Maidwell in tail male special then come  the declaration of the trust of the term which do not affect the vest of the  term for that be absolute but the trust of the term be declare that in case  Thomas Maidwell shall die without issue male and there shall be one or more  daughter that shall be unmarried or unpreferred at his death such daughter if  but one to have pound for her portion and for her maintenance pound per and  out of the profit till her portion become due the portion to be pay at  eighteen or marriage proviso that the term shall be void if the say Thomas  Maidwell pay or secure to the daughter that shall be unmarried at his death  the say portion of pound Thomas Maidwell survive his wife and by her have one  daughter who attain her age of twentyone and marry the plaintiff Corbett and  they bring this bill for her portion of pound Lord chancellor nun of the  precedent come up to the case question be not concern the term but concern the  trust if a portion be direct to be pay at eighteen or day of marriage and the  term be absolute vest there the daughter shall not expect during the life of  the father but it may be sell in the father life although a term in remainder  and not in possession second if the trust of the term have be on a condition  precedent as to commence if the father die without issue male by his wife in  trust to raise portion for daughter there if the wife be dead without issue  male leave a daughter though the father be live the term have be decree to be  sell but if res integran I shall not decree it but in equity the father be  take as dead without issue when the wife be dead by who he be to have issue  all that be contingent there have happen by the death of the wife without  issue male and the husband must also one time or other die as all man must and  whenever he die he must die without issue male by that marriage his wife be  dead before this be in truth a remainder and depend no long upon a contingency  this court as in some case they do prolong time so here have shorten it but if  the agreement be that the portion shall be pay after his death it be hard to  make it Payable in his lifetime but in the present case the condition be  precedent in case Thomas Maidwell die without issue male on the body of  Margaret so far the court have go but which Vernon chancery case er p shall be  unmarried or unpreferred as therein be mention at the death of the father it  must be for such daughter as shall be unprovide for at the death of the father  so here I must say he be dead without issue male in his lifetime and also that  the plaintiff be a daughter unpreferred at her father death maintenance to be  raise in the mean time only out of the profit note by the report of this case  in salk ub sup it appear that Lord chancellor hold as to the pound per and for  the maintenance that must be intend in case the father die without issue male  leave a daughter under the age of eighteen or unmarried because otherwise this  absurdity must follow that the daughter must have be pay maintenance money in  the lifetime of the father out of the profit of a term that be not to commence  till after the father death if Maidwell pay or secure the portion to the  daughter which hall be unmarried at the time of his death or unprovide for the  term be to be void and determine Vernon chancery case so the case strong than  any of the case adjudge or any of the precedent the precedent hellier and  Jones there the question only be when interest shall commence of a portion  Payable at eighteen or marriage and no contingency and there no doubt interest  Payable in the lifetime of the father Elizabeth Gerrard case ante p which if  consider the condition precedent to the term be only in failure of issue male  of the wife the death of the father no part of the condition the trust to pay  at eighteen or marriage next after the death of the father and mother which  first happen Staniforths case ante p there a condition precedent to the vest  of the term if they two shall die without issue male and there shall be  daughter there the term vest although the mother live greaves and Mattison t  Jones report question if portion vest there be two daughter three of the judge  be of opinion the portion be vest although the father be then live and that  the term may be sell see butler v Duncombe post and p wms and the note there