Charles bargrave and Elizabeth his wife the daughter of george WHIGHTWICK  plaintiff humphrey WHIGHTWICK executor of the say george WHIGHTWICK Samuel  curtis and marthan his wife defendant devise of pound apiece to be pay to his  two daughter at the age of twentyone and the residue of his personal estate to  his son George who die in his minority decree that a moiety of the residuary  part of his estate be immediate vest in each of his sister and shall not be  subject to the contingency of the death of either of they die before twentyone  year old George Whightwick the father of the plaintiff Elizabeth and of the  defendant Martha be seize and possess of a considerable real and personal  estate in December make his will and among other thing devise to his daughter  Elizabeth pound and to be pay at her age of twentyone and devise the like sum  of to his daughter Martha and give the residue of his personal estate and all  his land to his son George and declare that if either of his say child shall  die in their minority that the survivor shall be heir in equal proportion and  make hump Whightwick executor and die report tempt finch er p Martha marry the  defendant Curtis and have attain the age of twentyone year receive her pound  and George her brother be dead in his minority and intestate she likewise  receive a moiety of the residuary part devise to he as aforesaid the plaintiff  Elizabeth marry Charles bargrave but be not yet of the age of twentyone and  therefore the executor refuse to pay the pound devise to her and keep both the  same and the residuary moiety of the estate of Charles her brother decease for  that the pound be secure on a mortgage and for that there be a possibility  that Elizabeth not yet may die and Martha her sister may survive and then the  whole will belong to her report tempt finch but the court be of opinion that  the residuary part of the personal estate be not subject to any contingency of  survivorship but that the interest thereof immediate vest in the plaintiff  Elizabeth upon the death of George her brother and therefore order a account  and satisfaction thereof and that the pound continue on the mortgage and the  interest thereof to be pay to Elizabeth during her minority and that if she  die before twentyone live Martha then to be pay to her