atkins case franco versus alvares may distinguish in re Hartley Ch d a by will  give to trustee pound and several jewel in Vienna in trust to sell the same  and apply it as a composition and towards payment of his son debt provide the  creditor shall within four month accept of the same and discharge his son if  they shall not then he devise the same effect over to be divide among the  child of his son the testator die December and the son creditor file their  bill April pray to be pay their respective demand the plaintiff by bring their  bill within four calendar month and thereby declare their acceptance of the  legacy towards satisfaction of their debt and offer to release have perform  the condition annex accord to the true intent of the will Mr alvares by a  codicil to his will recite that whereas my son Moses alvares be indebt to I in  the sum of pound I do hereby release the same inter all I give and bequeathe  to trustee pound and several jewel in Vienna in trust that they shall as  convenient may be sell the same and apply the same as a composition and  towards payment of all the debt my say son shall owe provide always that the  aid creditor shall within four month accept of the same and discharge my say  son and if all and every the creditor shall not then he give the same effect  over to be divide among the child of the say son and if they shall so accept  and discharge as aforesaid then I give to my say son for his subsistence the  sum of pound but if they shall not as aforesaid then I devise the same over to  his child the testator die December the bill be file by creditor of Moses  alvares the that of April the plaintiff bring their bill either to be pay  their respective demand or that direction may be give for the take a account  of the debt due from Moses alvares to they and that the time for all his  creditor come in to accept the composition offer may be enlarge the plaintiff  declare their assent thereto on the term in the codicil mention and submit to  give release to Moses alvares on receive what shall be due to they of the  composition and that the ring and diamond may b e sell for that purpose and  the money arise thereby together with the pound may be put out to interest  when this cause come on in easter term Lord Hardwicke doubt whether the  computation ought not to be by lunar month and order it to stand over to  ascertain what be the rule in this respect in the ecclesiastical court who  have the original jurisdiction in legacy and this day the cause come on again  Mr attorney general for the plaintiff cite the follow case to show that the  rule of the ecclesiastical court be to go by calendar month atkins dig lib  title de to visit petty king law old see Lord   comment upon the saint west on  the word semestre Inst hob Mod they prove in the first place what be the rule  of the civil and the canon law and what be now before the court be of  spiritual cognizance for legacy be not proper of original jurisdiction in this  court but suit be institute here for a account of asset and therefore there  ought not to be different way of determine the same matter there be strong  circumstance to show that the word four month must mean calendar a specific  legacy of jewel be give upon a condition to be perform in four month but it do  not depend only upon the legatee for there be a act to be do by the executor  atkins er p the delivery of the good to the legatee for a legacy be not  complete till the assent of the executor he insist the creditor be entitle to  have the jewel deliver to they Mr York of the same side for the creditor the  testator he say require the plaintiff to accept of the legacy within four  month the creditor have declare their readiness to accept for the bill be a  acceptance upon record the question be whether it be file within time they be  oblige to apply to this court just in the extremity of time if calendar month  be understand it be within the time if lunar out of it in proceed upon the  same matter the court will determine accord to the rule of the ecclesiastical  court for the sake of uniformity the delay of the executor ought not to  prejudice a legatee vide b of Swinburne of will ch and Powell versus Morgan  vern upon the question whether the devise over or want of compensation will  make any variation he cite bertie versus Falkland salk and Popham versus  Bampfield vern and dig lib title law atkins Mr Wilbraham for the defendant the  grandchild the devisees over in case the legatee do not accept the condition  within the four month cite likewise the case of Popham versus bampfield upon  the doctrine of compensation that unless the court can give the grandchild a  compensation the condition can be dispense with because unless the jewel be  give they they can have amends by way of damage for the jewel be direct to be  sell Lord Hobart give no reason why it shall be calendar and not lunar month  and wherever a act of parliament mention month it mean lunar vide brown versus  expense lev the two month for read the article of religion be to be reckon by  day and this relate to churchman roll Abridg under title Temps say in act of  parliament wherever month be mention it mean day vide Mod it have be say it  must be understand to be such a month as that court will construe it who have  the original jurisdiction in legacy which be the ecclesiastical court who  reckon by calendar month they have not of the other side cite any case to show  that in the ecclesiastical court this point have be determine with regard to  its be calendar or lunar month even in the very case of a legacy it have be  say to be a case of favour be for payment of debt but this be not for the  payment of the testator debt but of another man and a person be under a great  obligation to provide for his grandchild of his own household than to pay  another man debt the plaintiff ought to show that they apply as early as they  may have do to the executor for the executor at Vienna who have the jewel be  ready to sell they if authorize by this court Lord chancellor this be a  provision make by the father for the benefit of the son Moses alvares be state  in the register book to have be the grandson of the testator to relieve he  from his creditor though he may have have in his view the provide for the  grandchild yet that be only in the second place for the first view be to set  up his son de to make new in the world and to enable he to provide for his  child for he give he pound atkins the performance of the condition depend upon  several fact for the testator take notice some of his jewel be at Vienna and  to be sell by his executor in England this be the nature of the legacy I will  take notice first of what be plain and not to be controvert it have be say  this be a condition impossible wherever court of law or court of equity take  notice of a condition impossible it must be a natural impossibility arise from  a act subsequent which the party can not avoid be become impossible by the act  of God as in the case put in   light a b if a man be bind in a obligation c  with condition that if the obligor do go from the church of saint Peter in  Westminster to the church of saint Peter in Rome within three hour that then  the obligation shall be void the condition be void and impossible and the  obligation stand good No body can say but this may be perform in four month  for they may have atkins er p be sell at Vienna or bring over and sell here  and therefore be not within the rule of condition impossible it have be say to  be a case of a condition to be perform which lie in compensation and that in  many of these case the court will relieve it be true say by Mr Wilbraham the  question will be about the object of compensation what will become of the  devisees over what compensation will be make to they in all case every person  who be interest in the thing must have a equivalent and as nothing of that  kind can be do here this must be lie out of the case the principal question  will be whether there have be any performance of the condition and I be of  opinion take all the circumstance together here have be a performance several  act be to be do by other person the executor and their act be not to make the  interest of the grandchild better or prejudice the interest of the plaintiff  it appear to this day that the executor have not yet get the jewel from Vienna  nor sell they and it be not the view of the testator that the creditor shall  give a release for their debt till satisfy but mean only that they shall do a  effectual act to declare their acceptance of the devise and also effectual to  release atkins by bring a bill in this court declare that upon receive their  several proportion they be ready to give a discharge be a acceptance upon  record and be a release in equity there have be several case in this court of  legacy give upon condition of release and though a executor have suffer the  time to lapse yet if legatee have bring their bill for the legacy within the  time the court have determine it to be a sufficient performance of the  condition I be of opinion here they have do it in the time limit and that in  this case month ought to be consider as calendar one it have be true say in  act of parliament the word month mean lunar except in the case of time  semestre with regard to lapse of live and the other case of the six month  allow in respect to prohibition both upon the same reason because relative to  and accord to the computation of time in the ecclesiastical court this be  extreme different from the case cite by Mr Wilbraham in levinz for that only  concern ecclesiastical person the rule in the ecclesiastical court be not that  it shall take place wherever ecclesiastical person be concern but only where  it relate to their proceed this court have concurrent jurisdiction with the  ecclesiastical court in legacy who determine accord to the rule of the civil  law if I do not follow their rule it have be true say there will be no  uniformity in proceed and will leave it to the power of the party to make it  just as he please it have be object that the creditor have be guilty of laches  in let so much of the four month run out before they bring their bill now  where time run against a ancestor and then the right descend upon the infant  the time incur in the life of the ancestor shall run upon the infant but in  this case no laches be to be impute to the plaintiff because here be act to be  do by other the executor atkins the bill be a express acceptance and in the  consideration of this court a release and therefore I must decree a account to  be take of the plaintiff debt Lord chancellor declare that the plaintiff by  bring their bill within four calendar month after the testator decease and  thereby declare their acceptance of the legacy give by the testator will  towards satisfaction of their debt and offer to release on payment of their  respective proportion have perform the condition annex to the legacy accord to  the true intent of the will and decree the executor to make sale of the jewel  give by the will to they for the trust therein mention and that the money  arise by such sale together with the pound be apply by they in payment of the  several debt due from Moses alvares to the plaintiff respective in average and  after be equal pound rate in proportion to their respective debt and on such  payment that the several creditor do execute release to Moses alvares of their  respective debt Reg lib a fol atkins er p