case gordon against smooth that Nov settlement of pound the interest to be pay  to the husband and wife for their life and after their death the principal to  all or such of their child as the husband shall appoint and in default as the  wife shall appoint and for want of such appointment to all the child equal at  marriage there be two child one die in the lifetime of the father then the  father die hold the other be entitle to the money after the death of the  mother and to have it secure in her lifetime hold a contingent vest interest  in the child subject to be divest on appointment lib Reg a foe a by a  settlement of the that of December make on the marriage of the plaintiff late  wife father and mother pound be vest in trustee in trust to place out c and to  pay the interest to the husband and wife for their life and after their death  to stand and be possess thereof for all and every the child or child of their  body or such one or more of they in such part share and proportion manner and  form to be pay and deliver at such time or time as the husband in his lifetime  or by will shall appoint and for want of such appointment to all and every the  child or child in such manner and form as the wife shall appoint and for want  of such appointment then to all the child or child equal to be pay at  twentyone year or marriage and in case the husband ambler shall survive the  wife and there shall be no child or child that shall live to or marriage then  the whole to go to the husband and vice line to the wife there be two child of  the marriage a son and a daughter the son attain twentyone and die in the  lifetime of the father and mother the daughter marry ambler er p the plaintiff  after the death of the father be since dead and plaintiff be her administrator  bill by plaintiff inter alian to have the pound secure to he after the death  of the mother who be still live sir Thomas clarke master of the roll who sit  for Lord keeper after have have some day consideration deliver his opinion  that the plaintiff be entitle to the pound that it be a contingent vest  interest subject to divest upon appointment that the whole vest in the first  child upon his birth and upon the birth of a second and other child become  vest in they equal the distinction be between the case where a sum of money be  provide for portion of child and the father and mother have only the power to  fix the time of payment and quantum for each child and where no sum be secure  but in case of a appointment V earl of Salisbury v lamb Amb duke of marlbro v  earl of Godolphin from the extract give below note from lib Reg it will be see  that the marginal abbreviation of this case be wrong for the only point in  fact decide be that as to a moiety of the pound the plaintiff be not in right  of his wife entitle to it but that the same have become vest in the son upon  his death come to the father as his personal representative and with respect  to the other moiety of the pound the consideration of the question whether the  plaintiff be or not entitle to it be reserve till after the death of the  mother it may be further remark that the note of the judgement of sir t clarke  will seem on the face of it to be incorrect for the statement that the  plaintiff be entitle to the whole pound be not when consider with reference to  the circumstance of the case and the distinction state to have be take by the  master of the roll reconcilable with the assertion that the whole vest in the  first child videlicet the son on his birth and upon the birth of a second and  other child become vest in they equal where personalty be absolute give over  in default of appointment it be vest subject to be divest by the execution of  the power of appointment see Salisbury v lamb post Coleman v Seymour Ves see  in Teynham v web Ves bead v bead Ves jun Cholmondeley v Meyrick Eden book v  book Eden Sugd pow Rop leg d Edward if more than one but if but one then for  such only child to be pay to such of they as shall be a son or son several at  twentyone and to such of they as shall be a daughter or daughter at twentyone  or marriage which shall first happen the dividend and interest in the mean  time and from and after the several deceases of the say Elias levy and Judith  heart the husband and wife until such child or child shall be entitle to their  respective share and proportion to go and be apply to the maintenance and  education of such child or child or otherwise for the increase of their  respective fortune as by the say trustee or the survivor of they shall be  think fit decree in it all and as to the sum of pound provide by the  settlement make on the marriage of say Elias levy and the say defendant Judith  levy his honour do declare that the say Elias levy not have execute the power  reserve to he by the say marriage settlement during the life of the say  Benjamin levy the son a right to one moiety of the say pound so vest in the  say Benjamin levy the son upon his die unmarried and intestate as to be  transmissible to the say Elias levy his father as his personal representative  and be to be consider as constitute part of the personal estate of the say  Elias levy the father and upon the death of the say Judith levy any of the  party interest in the say pound or any part thereof be to be at liberty to  apply for the payment and transfer thereof N B Elias levy the father have  leave a will by which he devise away the whole of his personal estate and  which will be declare by the decree to be well prove