case bacon versus cleric Eq Abr c and c S c vern and wms S c wms case tempt  Talb atk atk atk brown parliament case a seize of a estate in possession and  of a reversion expectant on the death of I S devise the estate in possession  to his wife for life and have a son and a daughter he devise the estate in  possession after his wife death and likewise his reversion to his son upon  condition that he pay the daughter pound within month after the death of I d  and on default that she may enter I d die live the wife and J S on a bill  bring by the daughter and her husband decree the portion to be raise though  neither of the particular estate be determine Abraham clerk father of the  plaintiff and defendant be seize of a estate in possession in London and  Middlesex and of another estate in reversion in the county of S expectant on  the death of Horatio Herne by his will devise his estate in London and  Middlesex to his wife for life and after her death to the defendant his son  and his heir and also devise his estate in the county of S to the defendant  and his heir likewise from and after the death of Horatio Herne upon condition  nevertheless that my say son shall pay unto my daughter Elizabeth the  plaintiff wife the sum of pound within month after the death of Elizabeth  Herne and if he do not pay the say pound that then my say daughter shall enter  into my say land and estate in London and Middlesex and receive the rend and  profit thereof till the say pound shall be pay the whole estate be about pound  per and Elizabeth Herne die in soon after the testator death but the testator  widow and Horatio Herne be both still live precedent in chancery and this bill  be bring to have the reversion of these estate sell forthwith and the pound  pay to the plaintiff with interest from the death of Elizabeth Herne the cause  come on only on bill and answer and therefore although it be say the reason of  appoint this pound to be pay within month after the death of Elizabeth Herne  be because she have a estate of pound per and for life which after her death  come to the defendant yet there be no proof of that it can have no weight at  all in the case for the plaintiff it be urge that although the estate which be  to be the fund for raise this portion be yet but reversion yet the portion  become due from month after the death of Elizabeth Herne that this be a charge  on the estate in equity from that time and therefore it ought to be raise by a  sale of the reversion and interest to be compute from the time it become due  that the clause which give her a power of enter in case it be not pay be only  a additional remedy and therefore she can not enter while the life estate be  in be yet that be not to postpone the time of payment of her portion that if  she must wait till the two estate for life fall she precedent in chancery er p  may never have any portion at all that this condition be annex to the devise  of the estate to the heir at law be void at law but yet it amount to a charge  in equity and it be usual to decree a sale of such reversion as have frequent  be do of reversionary term for year that child may not be without their  portion when they have most occasion for they that if Elizabeth Herne have be  sell live although the two life estate have drop yet the plaintiff can not  have demand her portion but now Elizabeth Herne be dead although the two life  estate be still in be yet her portion be become due on the other side it be  argue the intention of the testator be plain that this portion shall not be  raise till the estate fall in that he have therefore give her a precedent in  chancery power of entry to receive the profit in case the portion be not pay  which she can never do while the estate for life continue that the defendant  be heir at law and by this construction of allow interest may be so load as to  have nothing leave that the course of sell reversionary term to raise portion  be new and my Lord Cowper declare bad it be res integral he will not have do  it that therefore it ought to be carry no further that a case of butler and  Duncombe wms be now under my lord consideration on that very point but the  master of the roll be of opinion that it be not the testator intention this  portion shall wait till the reversion fall in that the estate be devise to the  heir at law the condition be plain void at law accord to Borastons case   that  the estate for life be still in be the daughter have no remedy but in a court  of equity to have her portion raise that this amount to a good charge in  equity and that decree for sale have be frequent in the like case and  therefore decree the reversion to be sell and the pound to be pay to the  plaintiff with interest from month after the death of Elizabeth Herne and say  the clause which give a power of entry be only to be intend in case the estate  for life fall in the mean time so that she may thereby enter not to delay the  payment of the portion till that time this decree be afterward affirm upon  appeal from the roll by Lord chancellor Macclesfield wms