case jones versus WESTCOMB refer to Mackinnon v jewel my king follow Underwood  v wing de g m g refer to in re Betty smith trust l r Eq follow Brookman v  smith l r ex more v Beagley lt n S Oct pale yellow Eq Rep S c Eq Abr pl S c  viner Abr pl Str Eq Abr pl salk levinz vezey atk fearne count Rem c Douglas a  devise a term for year to his wife for life and after her death to the child  she be then ensient with but if such child die before then he devise on three  part of the say term to his wife who he make executrix the wife not be ensient  at the time of the devise hold saint that the devise to her be good though the  contingency never happen dly that she shall have the undisposed surplus of the  personal estate and not to go in a course of administration this be a case  wherein my Lord keeper take time to consider before he will give his judgement  and be this a man possess of a long term for year by his will devise it to his  wife for life and after her death to the child she be then ensient with and if  such child die before it come to the age of then he devise one three part of  the say term to his wife precedent in chancery her executor and administrator  and the other two three to other person and make his wife executrix of his  will and die this bill be bring against her by the next of kin of the testator  to have a account and distribution of the surplus of his estate not devise by  his will and two question be make saint whether the devise to the wife of one  three part of the term be good because it happen she be not then ensient at  all and so the contingency upon which the devise to her be to take place never  happen the other question be whether this term be part of the personal estate  and express devise to her for life with such other contingent interest on the  death of the suppose ensient child before shall shut her out from the surplus  of the personal estate which belong to her as executrix and so the surplus go  in a course of administration to be distribute among the plaintiff as next of  kin as to the first point my Lord keeper now deliver his opinion that though  the wife be not ensient at the time of the will yet the devise to her of such  three part of the term be good and as to the other point dismiss the plaintiff  bill land so let in the executrix to the surplus of the personal estate  notwithstanding the devise to her of part as aforesaid precedent in chancery  er p