atkins case edmund okeden Esq plaintiff William okeden a infant and heir  apparent of the plaintiff by his guardian and several other defendant November  the that direct a gross sum to be raise do not imply that it shall be raise at  once for it may be raise out of the rend and profit and so lie up till it  amount to that sum William okeden decease be seize in fee of a considerable  real estate subject to a term of year create by his marriagesettlement and  which be vest in trustee for raise pound after his death for his daughter mary  wife of William Glisson do by his will date the that of January direct that  his debt legacy and funeral expense and also the pound shall be raise and pay  out of his personal estate but if that be not sufficient he devise to Walter  bind c and their heir his land in corpse pool Penlick c in trust to sell the  same or a part thereof to pay his debt legacy and funeral expense and also the  pound and such part as shall not be sell he devise to the same use as his  mansionhouse and which by his will together atkins er p with all other his  land he devise to the same trustee for year in trust to receive the rend issue  and profit and to apply such part thereof as they shall think fit yearly in  the education place out and maintenance of his two natural son the plaintiff  and defendant William okeden until they attain year and for raise pound the  plaintiff portion if he shall live to that age and to apply yearly such sum as  be necessary for the support of the mansionhouse c and to pay mary Morgan  pound a year for life and after the expiration of the term he devise the say  premise to the defendant the plaintiff brother in strict settlement remainder  to the plaintiff in the same manner remainder in fee to his own right heir and  make the trustee executor the testator die in September leave mary Glisson his  only legitimate issue who with her husband die soon after intestate and upon  their so die their two daughter become entitle as their representative to the  say pound and interest from the testator death and also the reversion in fee  of the real estate the bill charge that the plaintiff have apply for payment  of his pound and that the defendant okeden be let into possession of the trust  estate by the trustee of the year term before his age of have ever since apply  the rend and profit thereof to his own use and refuse to consent to a sale to  satisfy the plaintiff demand and therefore pray that such part of the say  estate may be sell as will satisfy his demand and that the defendant the  daughter of mary Glisson may be pay and the estate discharge of their demand  the principal question be whether upon the construction of this will the court  can decree a sale of the trust estate Lord chancellor the intention of the  testator be clear to I that the sum of pound be to be raise out of the rend  atkins and profit and not from a absolute sale unless from mere necessity and  what the court will do in such case be another consideration by a liberal  construction of the word rend and profit they general in a will include a  direction to sell or mortgage especial when in favour of debt and portion  because a devise of rend and profit will at law pass the land see Lingones v  Foley Charles can Trafford v Ashton p W mill v bank p W green v belcher ante  hall v carter post vol Gibson v Roger Amb banns v Dixon Ves by where any  subsequent word restrain the meaning of those word to annual profit or to the  receipt of the rend and profit as they accrue ivy v Gilbert p W Evelyn v  Evelyn p W mill v bank p W green v belcher ante small v wing bro p c the  direct the trustee to pay yearly money for the repair of the manssionhouse  farmhouse plantation c be a strong indication that the trustee shall keep  possession till the defendant William okeden arrive at his age of I do not  think that the direct a gross sum to be raise will necessary imply that it  shall be raise at once and this be settle in the case of Evelyn v Evelyn wms  for it may be raise out of the rend and profit and so lie up till it amount to  that sum the age of in this will be the time fix for the payment but I do not  think it the time fix for the raise for the testator have direct if here shall  be any surplus that it shall be pay to the reversioner and the natural  consequence will have be if William okeden have die before that what have be  receive out of the rend will have be the money of the reversioner and must  have be pay over to he whether the testator compute right as to the value of  this estate be not material for the view and intention be to be regard only  the consideration be how far this court will control the original and natural  import of the testator word so as to decree a sale there have be a great many  strong case cite to this purpose but they do not come up to the present case  the first the case of brook v bank the second ivy v Gilbert and other Prec in  Chan and wms Jones v warren before Lord chancellor king Trafford v Aston p W S  c Barry v Askham vern the case of Sheldon v dorm vern S c go upon the point of  necessity that the annual rend and profit will not in a vast tract of time pay  the money beside in that case the very sale of the estate itself will not  answer the pound charge upon it ivy v Gilbert be not a case in point for the  defendant the reversioner and indeed it be impossible that these case arise  upon will shall tally in every respect yet it certain be a very strong case in  favour of the reversioner it have be true say that this court have lie great  stress upon a particular time be appoint for the payment and have enlarge the  power of trustee in order to raise the money within the time therefore here  the surplus profit over and above the pound per annum annuity and the  maintenance to Edmund shall be apply towards the discharge of the pound but if  the surplus profit will not be sufficient to answer the purpose then I shall  be strong incline that the estate shall be sell to make up the deficiency it  be absurd to suppose that the defendant William okeden be entitle to be let  into possession before he attain his age atkins of as both he and his brother  be to atkins er p have a maintenance till that age and therefore the trustee  by let he into possession of the rend and profit before that age have abuse  their trust for as they have manage how be it possible that the pound can be  raise by the time the plaintiff come to the age of I will not immediate decree  a sale till the trustee have account for the surplus rend and profit and if  what shall appear due upon the balance of the rend and profit shall not be  sufficient to raise the say pound and interest then his lordship reserve the  consideration how the surplus shall be raise Reg lib b fol for it be hard the  reversioner shall suffer by the sale of the estate when it may have be quite  clear if the trustee have faithful execute their trust his lordship order it  shall be refer to a master to take a account of the rend and profit of the  trust estate devise to the trustee for the term of year accrue from the death  of the testator William okeden until the defendant William okeden attain  twenty five year that have be receive by the trustee or by the defendant  William okeden and his lordship declare that the defendant the trustee be  answerable for so much thereof as have be receive by the defendant William  okeden