case bowl against more at the roll Trinity term lady whether more have a power  notwithstanding her coverture to dispose of her estate one in Bedfordshire and  the other in Lincolnshire and also of four thousand pound make her will the  ten day of November and thereby among other thing devise in manner follow I  will direct and appoint that upon my decease the sum of four thousand pound be  pay to trustee to be place out by they at interest and that the rend of her  say estate be also pay to they in trust to pay thereout several annuity amount  to two hundred pound per annum and then follow these word and as to the four  thousand pound I give it and hereby appoint and direct that if all the say  annuitant be decease the principal sum shall be then divide equal to and among  all the child of my say son Joseph Edmonds more except his old son but my will  be that if any one or more be then under the age of twentyone year that the  part or proportion of every such minor child or child be manage for his her or  their benefit till twentyone year and in case any one or more such young child  die before the decease of all the annuitant and leave issue I will and direct  that the share or part which shall have belong to such child or child so die  shall go and belong to the issue of the decease and in case there shall not be  any young child or child of my say son Joseph Edmonds more nor issue live of  any of they at the decease of the survivor of all the say annuitant then in  that case I give and dispose of limit and appoint the four modern report  thousand pound and the say several estate in the county of Bedford and Lincoln  as follow I e my will be that the person who shall then be the old son of my  say son Joseph Edmonds more shall have both the say Lincolnshire and  Bedfordshire estate to he and his heir for ever lady whether more die in the  year leave three young child of her son Joseph Edmonds more and after in the  year Thomas more another young child be bear and Joseph Greenhill the last  survive annuitant do not die until the twentyfifth of march the question be  whether Thomas more be entitle to any share of this four thousand pound the  objection be that he can not as he be neither in be nor en ventre sa mere at  the death of lady more when the will must operate and when the legacy be to  take effect and vest in the child and the rather as the interest be only  devise to the child the master of the roll it be to no purpose to cite case  upon this head every case of this sort must depend upon its own circumstance  and be rule upon they and the intention of the devisor the word underline  plain show that lady more intend he shall have his share and that the legacy  be not to vest or be pay until the death of the last annuitant if the three  young child have die and there have be only Thomas more survive when the last  annuitant die he must have take for the devise over can not take by the word  so long as there be any young child of Joseph Edmonds more in be modern report  er p modern report volume modern report or select case adjudge in the court of  king bench chancery common plead and exchequer volume the ten contain case in  law and equity chief during the time the late earl of Macclesfield preside in  the court of king bench and chancery videlicet from the eight year of queen  whether to the eleven year of king george the first inclusive the five edition  correct by thomas leech Esq of the middle temple barrister at law modern  report trinity term the eight of queen whether in the year in the court of  chancery William Lord Cowper chancellor sir John Trevor Knt master of the roll