case DARREL versus Molesworth June follow I have v king Bea v be Fauldings  trust Bea v be green estate dr S Eq can ab pl S c pl on another point diverse  legacy give by a will and the will be that if any legatee die before his  legacy be Payable it shall go to his brother and sister a legatee die in the  testator lifetime no lapse legacy but shall go to his sister a legacy of pound  be give to Darrel Trelawny at twentyone or marriage pound to Elizabeth  Trelawny at twentyone or man age and in the close of his will the testator add  if any legatee die before his legacy be Payable the same shall go to the  brother and sister of such legatee Darrel Trelawny die in the lifetime of the  testator adjudge it be no lapse legacy but shall go to his sister this be not  the question by the statement in the register book it appear that Thomas  Darrel by his will in it all give a legacy of pound apiece and S apiece Vernon  chancery case er p for mourning to his grandchild the plaintiff Henry Darrel  Carew Francis Carew Thomas Carew and Charles Carew and the like legacy to the  plaintiff Ann Giles grace and mary Risdon to be pay to they or so many of they  as shall be live two year after his death after the testator death and within  the two year two of his grandchild have each one child bear and the question  be whether such two greatgrandchildren of the testator be entitle to the say  legacy of pound and S respective and the court declare they be not Reg lib a  fol as to the question in the print report vide miller v warren ante p Ledsome  v Hickman post Bretton v Lethulier post bird v Lockey post Elliot v davenport  p wms and particular note p Perkins v Micklethwaite p wms Willing v baine p  wms where hold in the like case that though the legacy lapse as to legatee die  yet it be well give over so where a legacy be give in consideration of pay a  annuity and the legatee die in the testator lifetime the annuity shall be a  charge on the residuum though the legacy be lapse oak v heath ves so where  devise to trustee for a charity the trustee die in testator lifetime this  subsist in equity though lapse at law attorneygeneral v Hickman W keb et vide  Sibley v cook atk sibthorp v Moxom ibidem brown v clarke Ves and in bridge all  v wood all at the roll Feb not report testatrix give pound each to several  person name in her will and direct that if any of they shall die in her  lifetime it shall go to his and their legal representative one of the legatee  die in the lifetime of the testatrix have first make his will and appoint two  person his executor and give the residue of his effect to several other person  they and the executor claim the pound against the next of kin of the legatee  it be hold not to be a subject that can pass by the will of the legatee but  that his next of kin take it as person design by the will of the testatrix in  the place of the legatee and to prevent the lapse of a legacy the will ought  to be special pen or the intention perfect clear Sibthorpe v Moxom atk Corbin  v French Ves from these case it be presume it may be gather as a general  principle that where the object of the testator bounty have a vest interest in  the subject die in the lifetime of the testator or not have a vest interest  die before the time mark out for the possession the legacy become lapse but  that where there be a object of bounty ulterior the person to who the legacy  be immediate give and who be interest therein and who survive the testator  there the death of the immediate legatee in the lifetime of the testator will  not intercept his intend bounty to such ulterior object