case pierpoint versus lord Cheney Lord chancellor Parker pre Charles pale  yellow Chan Eq can ab pl settlement wherein the manor of dale be settle to the  use of grandfather for life remainder to his son the husband for life  remainder to trustee for year for raise pound for a daughter if but one  Payable at twentyone or marriage and in the mean time pound per annum for her  maintenance and to be raise by trustee either by rend and profit or by sale or  mortgage and to be pay quarterly the first payment to be make at such of the  usual feast as shall next happen after the father death father die leave one  daughter and the grandfather live bill pray a mortgage of the reversion for  the infant maintenance but the court strong incline against it see butler v  Duncombe ante and the case cite in note p upon the marriage of the earl of  Kingston old son to the marquis of Dorchester with rakehell Bainton the niece  of Mr hall the say rakehell have pound a year in land and pound in money and  the earl of Kingston be a infant the settlement be make by a private act of  parliament annae whereby in it all the manor of dale g in the county of  Lincoln be together with the casual profit about pound per annum be settle  upon the marquis of Dorchester for life remainder to his old son the Lord  Kingston for life remainder to trustee for year in trust that if it shall  happen there shall be only one daughter by the marriage such daughter shall  have pound for her portion at her age of twentyone or marriage and in the mean  time pound per annum for her maintenance until the age of twelve year and  afterward pound per annum until the portion shall become due the maintenance  as well as the portion to be raise by the trustee either by the rend issue and  profit or peer William by see or mortgage the maintenance to be pay quarterly  and the first of the say payment to be make at such of the four usual feast as  shall next happen after the decease of Lord Kingston the husband Lord Kingston  die leave issue by rakehell a son now marquis of Dorchester and a daughter  name Frances and the Lord Kingston the husband be dead about five year this  bill be bring for the pound per annum maintenance money and to have it raise  by sale or mortgage in regard it can not be raise by the profit the  grandfather the present duke of Kingston be alive and have a estate for life  in the premise for the raise of the maintenance by sale or mortgage it be urge  that whenever the maintenance or provision for child come in question it  always receive the most favourable construction that may be nay sometime in  favour of such provision the court have offer violence even to the word and so  it be do in the case of Gerrard v Gerrard vern and cite ante in butler v  Duncombe where a portion be secure to a daughter upon a trust of a term for  year Payable at her age of eighteen or marriage which shall first happen after  the death of the father and mother in that case the portion be decree to be  raise for the daughter at her age of eighteen though in the lifetime of her  mother peer William er p and as this have be do in the case of a portion so a  strong it ought to be do for maintenance which be more necessary than a  marriage portion in that a child can not peer William subsist without  maintenance or bread but may live without marriage that the hardship of raise  a maintenance by the sale of a reversion be not now to be object in regard the  owner of the estate who can put what hardship condition or term they please  upon it have order the maintenance to commence and be pay at the first  quarterly feast after the father death and to be raise by profit sale or  mortgage which must be understand by profit if the tenant for life be both  dead or else by mortgage or sale if either of the tenant for life be live and  where these method be by the express word of a settlement prescribe it be blot  they out it be make a new settlement to object to such method of raise the  maintenance for if these word be not to take place it will be in vain to make  settlement and sir Thomas powis quote the case of Lord Herbert decree by the  late master of the roll wherein the late Lord Herbert give his real estate to  his nephew subject to a term for year which be declare to be upon trust by  sale or mortgage or with the profit to raise pound apiece for his two sister  and pound per annum maintenance money and the estate happen to be so encumber  with jointure and rentcharge that there be not enough to pay the maintenance  upon which the court decree a mortgage of the term to raise it it be admit  that the raise of money upon any reversion be indeed a disadvantageous way of  do it however if it can not be raise any other way it must be raise at a  disadvantage peer William on the other side it be say that in any case to sell  a reversion be prejudicial to a estate but to sell a reversioner interest for  maintenance money be never know nor can any precedent be produce for it  especial where it be a matter entire in the discretion of the court and where  the child have a mother so able to maintain it a mother who in this case have  pound per annum jointure that it will be a case of infinite hardship to the  estate for at this rate there must be a annual if not a quarterly mortgage the  maintenance be to be pay quarterly and in a case too where the interest can  not be raise but must be make principal and this interest must carry interest  and all these mortgage be liable to foreclosure that it will occasion a plain  hardship even to the daughter herself for the same fund which be to raise her  maintenance be also to raise her portion of pound when she shall come to age  or be marry and if the interest be to break in to it by the frequent charge of  annual mortgage and load the estate with interest upon interest it will then  not be pound per annum prove deficient for the raise the portion wherewith the  daughter be to be marry and prefer in the world also consider the circumstance  of this case it shall be intend that this maintenance money be to be raise  when the term commence or upon the death of the father by which the term come  into possession so as to yield rend and profit which be one of the method  whereby the maintenance be to be raise peer William that at least there can be  no colour to ask for the whole pound per annum but only for so much as it may  be reasonable actual to lie out in her maintenance regard be have to her  tender year to which it be reply that the other side be argue against the  express direction of the act of parliament for the plain word of it tell both  how and when the maintenance be to be raise how by rend and profit sale or  mortgage when why the first quarter day after the death of the father that the  act of parliament say the maintenance shall be raise by profit sale or  mortgage if it can not be raise by profit because but a reversion it must  necessary be raise by sale or mortgage that the act express say so the party  interest in the estate and who have a power over it have so settle it and then  it can be no hardship when consent to by all party and this be now not a  matter discretionary but de jure and of right ex debt is owed justit which the  court can refuse a matter of trust be as much a right vide post Sandys v  Sandys as a legal interest and it will be in vain to make settlement if the  plain word of they be not to be observe and from which if a deviation be to be  once allow none will know how to give a opinion thereupon and a s to the other  side demand precedent they ought to show precedent where a settlement or act  of parliament ever speak so plain and yet do not prevail that as to the charge  of frequent and annual or quarterly mortgage it be near peer William er p five  yearssince the father death and yet till now no mortgage have be demand and  when a mortgage be make it may be for so much as shall be peer William  sufficient to maintain the child for three of four year and in the mean time  part of the money raise may be put out and with regard to the argument that  this may hinder the raise the portion that may never happen to be due whereas  the maintenance be already due and to say that what be now due and for  maintenance too shall not be raise because it may hinder what may never be due  be strange argue indeed if the former be not to be pay the latter be not  likely to be ever due for the child must be starve and never live to have her  portion then as to the mother jointure though allow to be large it be however  agree and intend that the mother shall have it clear and yet she maintain the  son who education by reason of his great birth must be very Chargeable and  this be a load upon the jointure in respect to which the more liberal  maintenance ought to be make to the mother as it be usual vide Vol two Harvey  v Harvey for the court to allow a parent the great maintenance for the heir  when young child be leave unprovide for Lord chancellor I shall consider the  infant good and take care that her demand of maintenance shall not defeat her  other demand of her portion it be one and the same fund that be to provide  both it be a hard case to mortgage a reversion heap interest upon interest and  subject the estate to a foreclosure for it may come to such a sum as that many  person may be under a necessity of call in their money peer William though I  admit I must take the act as I find it videlicet the first quarter day after  the death of the father the maintenance money be to be raise by profit  mortgage or sale yet this court which be the guardian of the infant must  consider the good of the infant and it may be for her plain benefit and a  kindness to her that her maintenance shall not be raise wherefore let the  master see what be the value of the estate charge with the maintenance and  portion together with the encumbrance that be upon it and this will influence  my judgement in the mean while I can but observe that the method propose by Mr  Vernon for raise at first more money than there may be occasion for to prevent  frequent mortgage and to put out the residue for which there shall not be a  present occasion will not answer the inconvenience for the money thus raise  and for which the estate will be load with interest must for some time lie  dead in the master hand Ana as in the case of Corbet and Maidwell Lord Cowper  declare he will not go beyond the establish precedent in case of that nature  as take it that the court have already go too far so I for my part shall  observe the same rule not have be able to find one single precedent for  mortgage a reversion for maintenance vide ravenhill v Dansey post Vol two and  what make it still less reasonable to do so in the present case be that the  noble duke the grandfather have offer in court to maintain both the young  marquis the son and the lady Frances the daughter in the report of this case  in pre Charles t be state as if by the word of the act of parliament this  maintenance money be to be raise out of the rend and profit of the term and  that the plaintiff be for have that extend to a sale or mortgage by a  equitable construction only whereas this be a mistake the word sale or  mortgage be express mention in the act and the reader will observe that good  part of this argument be find thereon