a by will give a legacy to his son b at twentyone and if he die before then to  go over to c and d two other child testator die and b die before twentyone and  the bill be bring by c and d who be also infant for this legacy and the  question be whether this legacy shall wait till b will have be twentyone if he  have live or shall be pay immediate Lord chancellor at the first hear declare  that if this have be a substantive vest legacy and no clause of survivorship  or limitation over it must accord to the late authority have wait till b the  legatee will have be twentyone and will not have be recoverable soon by the  executor because that will be to accelerate the payment soon than the donor  intend it and it seem here c and d be substitute only in the place of the  executor of b his lordship think that though the legacy be give to b at  twentyone yet it be a vest legacy and the same as if it have be give to be pay  at twentyone all the legacy to the other child be give in that manner and this  small vary of the expression do not sufficient equity case abridge er p show  that the testator intend any difference but note and it see ms this point be  not material to the main question as to time of payment over for whether vest  or not it be plain to go over upon the legatee die before twentyone which  happen at another day his lordship declare that though he can see no real  difference between a devisee over slide a executor or administrator yet as  there be a modern precedent to the contrary and that the devisee over shall be  pay present and that the executor shall wait c he think he be bind by that  precedent and say that so long ago as the time of e in and Rep such a devisee  over maintain a action c and July his lordship decree that the legacy shall be  pay immediate without wait till b shall have be twentyone and cite Papworth  and more vern equity case abridge which be in point and and vin Abr pl landy  and William a Mr solicitor general pro quer cite vent Leon and argue that the  difference be between a executor and a devisee over for that in case of such a  legacy vest and the legatee die before twentyone there the executor shall wait  and not be pay the legacy till the legatee will have be twentyone if he have  live because the executor claim under the legatee can be in no better  condition than the legatee himself will have be c and that the executor shall  thus expect be late resolve in a plantation Cause before the lord of the  Council videlicet the case of Chester and Chester Eq can Abr p c upon a  reference to the two chief justice and the master of the roll but it be  otherwise in case of a devise over for the devisee over do not claim or come  in under the legatee but his right accrue immediate upon the contingency  happen videlicet the death of the first legatee before twentyone ibidem a will  Rep Launde and William Trin SC state it that I S have several child by will  devise to a pound to b pound to c yet a infant pound and to d pound all  Payable at their respective age of twentyone proviso that if any of the  legatee shall die before his her or their respective age of twentyone then the  legacy or legacy of he her or they so die shall be pay to the survivor or  survivor of such legatee d and a attain to twentyone be pay their legacy b die  a infant and a and d who have attain their age of twentyone bring their bill  against the testator widow and executrix to have their two three of b s pound  pay over to they c be yet a infant of about twelve year old Lord Chan king on  the authority cite pro quer videlicet vern and vern Papworth and more and the  case of Chester and painter p can vary the decree which he have before  pronounce and order two three of this pound to be pay to plaintiff the brother  and sister of the decease legatee and give interest for their two three from  the death of the infant legatee for though it be object that this be a new  legacy the executrix ought to have a year time for the payment of it yet the  court hold that must be intend to be from the death of the testator whereas in  this case the testator have be dead several year ibidem the reporter say by  way of note the rule in equity seem by this resolution to be settle accord  ibidem Vol Abr Eq Trin can SC cite as a ms case but not so full report