case hutchins vers Fitzwater foy and josias gover in scacc where a interest be  actual vest in any one it will go to their executor otherwise not this be a  bill for a legacy of charge on a estate devise in remainder to the defendant  foy and his heir to be pay to Margaret wife of gover who take out  administration to his wife and in satisfaction of some money which he owe the  plaintiff assign it to he and the case be that a man seize of land in fee by  will date the d of July devise all his real and personal estate to Thomas Beal  for life and afterward to his child and for want of such issue to his sister  Martha for life and after her decease to John Beal for life and then to his  child and for want of such issue part of his real estate call monk to W and  his heir the other part call marsh to the defendant Fitzwater foy and his heir  pay out of it when it fall videlicet comens er p to S d to W and toN and  apiece to Elizabeth mary and Margaret the three daughter of his sister comens  the testator die in John Beal die without issue and his sister Martha die in  his lifetime Margaret one of the three daughter marry the defendant josias  gover and die in December Thomas Beal die without issue in whereby the  defendant foy come to the possession of the estate devise to he and his heir  and gover have take out administration to his wife assign to the plaintiff the  Payable to the wife it be insist by Mr Bootle and Mr Gundry that Margaret die  before the reminder fall into possession and that the legacy or payment to her  be lapse for it be to be pay out of the profit when it fall and consequent can  not vest in her till then that the antecedent estate to Thomas and I Beal and  their issue may have last many hundred year and therefore it be uncertain and  a contingency whether it ever will happen second that here be no devise of any  money to Margaret but only a condition annex to the estate of the defendant  pay in a will make condition for breach of which the heir may enter but a  stranger can take advantage of it   light three that here the charge do not  begin till the estate fall in possession and then Margaret be dead can take  nothing the time be not annex to the payment but to the devise for nothing be  devise before fourthly the devise be too remote after a die without issue  which may never happen the case of carter and Bletsoe vern Prec Charles Eq Abr  pl Eq Rep a may be compare to this mat Bletsoe devise all his message c to his  old son and his heir but it be my will that my son shall pay out of the say  land to my daughter mary at her age of to my soil I at to son comens mat at  his age of and per and for maintenance till and the portion pay mary marry and  die before her husband take out administration but per cur there be no vest  clause in the will the direction that his soil shall pay mary at the age of  vest nothing till she attain her age of and she die before it never arise so  in the case of atk a van and clark in chancery on the that of July upon the  will of lady mary green date the that of December whereby she devise the sum  of inter all out of her real and personal estate unto Thomas Lewis on trust to  put out to interest till mary Lewis grandchild of her sister Beecher attain  the age of or marry and when she attain that age or marry to pay it her she  die before her age of and before marriage and the court hold that she be not  entitle to this legacy but dismiss the bill bring by her administrator for  that purpose without cost so in the case of atk b prouse and abington in  chancery on the that of April Thomas Compton by will date the that of August  devise part of his real estate to trustee and their heir on trust to pay the  sum of unto his godson Thomas prouse to be pay to he at his age of year or  marriage be die under age and unmarried and it be hold that the money shall  not be raise but sink for the benefit of the heir in the case of atk Eq Abr pl  ves c hall and terry which be hear by Lord Hardwicke on the that of November  Nicholas terry devise land to Stephen terry and his heir so as he his heir or  assign do in month after the estate shall come unto he which be on his wife  decease pay unto his grandchild after name Elizabeth oades the sum of the  testator die in Elizabeth die within month after the wife and it be hold by  the court comens that nothing become due to the executor for there be nothing  devise till the month expire for the devise and time of payment commence  together and the will can not have a double effect to give and vest a interest  and then give direction as to the payment but on the other side it be answer  and resolve by the court that in this case the plaintiff be well entitle to  the legacy of assign to he by the husband and administrator of Margaret comens  er p it be indeed now a settle rule in court of equity that where a devise or  settlement of land be make by will or deed charge with portion for young child  Payable at age or marriage the portion shall sink in the estate for the  benefit of the heir or devisee in case the child die before the portion become  Payable it be so hold in the case of paulet vers paulet which be affirm in the  house of lord I for vent Eq Abr Freem Ch Rep S c a there be former a  difference take and insist on between land devise and land settle by deed but  it be now clear settle that the case be the same in both for the reason be the  same for in both case it appear that it be the intention of he who make the  will or settlement that the money appoint to be raise shall be a provision for  the settle of these child in the world but if they die before there be  occasion for such provision there be no need to raise the portion case to this  effect be numerous smith and smith Eq ab pl pl S c a vern pre Ch Mod Eq Abr pl  ld raym Freem S c b so in the case of bruen and bruen vern pre Charles Freem  Eq Abr pl S c c SC tournay and tournay Eq Abr pl S c d pre Charles war and war  Prec Ch Eq Abr pl S c e hill Edward and freeman mich Eq Abr Norfolk and  Gifford vern Eq Abr pl S c f if the portion be Payable out of personal  property the administrator upon the legatee die before the age of twentyone  may demand it ld raym p wms p wms vern f the case cite by Mr Gundry go on the  same foundation in the case of carter and Bletsoe vern the devise be to his  old son and the testator will that he shall pay to his daughter mary at or at  her marriage which comens be plain intend as a provision for her at her full a  e or at her marriage and therefore if she die before there be no occasion for  it what be say by the court that there be a vest clause be a reason ex  abundant for proper speak the portion be not intend to vest in the intent of  the testator till it become Payable the case of van and clark and prouse and  Abingdon go on the same reason the case of hall and terry seem to be parallel  to that of bruen and bruen vern where the father have by marriage settlement  create a term to raise for his daughter portion have but one daughter devise  his land to trustee on trust to make good his wife portion and raise the in  month after the death of he and his wife the daughter die within the year as  appear from Eq Abr though not take notice of by Mr Vernon and so the portion  be not raise so in the case of hall and terry the granddaughter die before the  year the time appoint for raise it it be not Payable but even in will or  settlement if the money devise or direct to be raise be actual vest and the  interest fix in the party it be to be raise though the party die before the  time limit for the payment therefore Mr Bootle make the right distinction  whether this to Margaret be charge or vest in her or not for if it be a  present charge by the will and the interest vest in her it must belong to her  administrator and consequent to the plaintiff in equity in the case of the  earl of river and the earl of Derby vern Eq Abr pl S c a land be limit to a  for life then to his wife for life remainder to his first and other son in  tail male remainder to trustee in fee provide if there be no issue male to  raise out of the profit for his daughter comens who by will at dispose of it  to her mother and it be decree to the devisee because it be a interest vest in  the daughter though she die under age so where land be devise to a for life  remainder to b in fee be pay whereof be to be at the disposal of his wife by  will as she shall think fit this be a absolute disposition to the wife though  she make no will go to her administrator vern Eq Abr pl S c b Robinson and  Dusgale but this be a strong case for here the defendant take the remainder  charge with these payment the same will which vest the remainder in he vest it  subject to this charge and if be take he must take it cum load it be object  that the charge do not commence till the remainder come in possession for the  payment be to be out of the rend it be true that the money can be demand till  the defendant can pay it out of the profit but it be a present estate in foy  and consequent a present interest in Margaret though solvend in going to be it  can be doubt but that foy may by will devise his remainder but by the statute  of will no devise can be make but by a person have the estate and if he have  devise it it will have be subject to this charge comens er p so Margaret in  her life may have release this interest but none can release what he have no  present right to he may release a interest though it be future or mere  possible but can release where he have no present right or interest and the  court be of opinion that foy be compellable in equity to pay this z to the  plaintiff and I deliver the opinion of the court to the effect follow if a man  by settlement charge his land with the payment of portion of daughter or young  child to be pay at the comens age of twentyone or marriage and the daughter or  child die before the time limit for payment the portion shall not go to the  administrator of the daughter but sink in the inheritance for the benefit of  the heir Pawlett and Pawlett affirm in the house of lord vent vern and there  be no difference between land devise for payment of portion and where by  settlement vern smith and smith vern another difference settle in equity be  between a legacy or sum of money vest before the death of the legatee and  where it be not vest if the legatory die before the legacy vest it shall not  go to the executor or administrator but if it be vest before his death it  shall and this not only in pecuniary legacy as where be give to a infant at  his age of twentyone and where give to be pay at the age of twentyone in the  first case if he die before that age it shall go to the administrator in the  other not dyer b vide in margin Lord Cowper declare in the case of smell v do  you salk that the diversity be where the bequest be to take effect at a future  time and where the payment be to be make at a future time  In the first case  if the legatee die before the time it be a lapse legacy in the latter instance  it be a vest interest and descend to his personal representative resolve vent  Eq Abr pl Eq Abr pl Freem vern Ch Cas infra p a and if devise to be pay with  interest that import that it shall vest present skin vern Eq Abr pl S c b Eq  Abr pl Prec Ch Eq Rep S cc and it be the same where money be direct to be pay  out of land as in the case of the earl of Derby and the earl river vern cite  by Mr Ord by a marriage settlement land be limit to husband for life to wife  for life then to the first and other son c provide if there be no issue male  and one or more daughter that trustee shall stand seize to the intent that the  daughter shall receive out of the profit and for maintenance without limit any  time of payment the daughter at seventeen dispose of it by will and it be hold  to be a vest interest in the daughter and well dispose Trin comens but in the  case of bruen and bruen in vern by a marriage settlement a term be create to  raise for daughter portion twelve month after the death of the husband and  wife the daughter die at the age of five year the portion shall not be raise  for the reason give in Vernon be that be to be raise out of land she can not  have occasion for it but the better reason be that she die within twelve month  the time wherein it be to be raise it be not vest pasch Eq Abr the distinction  therefore be well take whether the be vest or not vest in Margaret and we  think it be vest for first the remainder vest immediate by the death of the  testator for foy may sell or devise it and consequent the be vest in those to  who it be Payable for if he have sell it it must have be subject to the charge  lie upon it by the testator second the estate and the charge upon it pass  together and the devisee must take it cum load for as it be the testator  intent that foy shall have the estate it be as much his intent that he shall  pay the money out of it when he have it it be say to be a condition pay make a  condition in the will but that strong show the testator intent be that foy  shall not have it unless he pay that money the case cite fall under the  distinction before mention the case of carter and Bletsoe vern be a devise to  his son and his heir but his will be that his son shall pay to his daughter at  her age of twentyone she die before and consequent the legacy be not Payable  by both rule lie down it be not give till her age of twentyone and a portion  Payable out of land shall not be raise if the party to who it be Payable die  before the time limit for the payment of it in the case of van and clark the  devise be to trustee to put out at interest till comens er p the grandaughter  of her sister attain the age of eighteen or marry and then to pay it to her so  that nothing can vest in the grandaughter till that contingency happen and she  die before the portion can not possible vest in the case of prouse and  Abingdon likewise the trust be to pay at the age of twentyone or marriage and  consequent the legatee die before that age or marriage the trustee be not  require to pay the money comens the case of hall and terry go upon the same  reason the trustee be not require to pay till twelve month after the estate  come to they which be after the mother death and consequent the legatee die  before the trustee can not pay and the expression that the devise and time of  payment commence together import that the devise have no effect and can not  vest a interest till the time of payment come upon which the trustee be to pay  there be a case of the like nature inter Gordon and rain Geo Kely p wms S c a  where a term of year be vest in trustee on trust that if there be no son of  the marriage and there be one or more daughter who shall attain the age of  sixteen the trustee after the death of h rain and his wife shall raise to be  pay at the age of sixteen in case h rain and his wife be then dead there be a  daughter who live to the age of twentytwo but die in the life of her father  and mother h rain and his wife it be hold by Lord chancellor king assist by  Lord Raymond and Jekyl master of the roll that the husband and administrator  of this daughter comens be not entitle to the which be not Payable but upon a  contingency which never happen for all the case when the portion of money to  be pay be look upon to be vest be where the money be not Payable upon a  contingency or the contingency have happen but in the present case neither the  remainder be limit upon a contingency nor the legacy of be Payable to Margaret  upon any contingency but the remainder vest immediate upon the death of the  testator and consequent the be Payable out of the profit of that estate as  soon as it come in possession comens er p