case midwinter against partridge a devise of all my house in l to my wife for  and towards the maintenance of my daughter child and if she refuse to maintain  he my will be that my executor shall enter convey a estate in fee to the wife  subject to the charge of maintain the child ejectment special verdict the case  be on the word of a will I give and bequeathe all my house in l to my wife for  and towards the maintenance of my daughter child and if she refuse to maintain  he my will be that my executor shall enter c the question be if the wife have  a fee Molloy this be a fee accord to collier case a because else it will be a  prejudice to her and she be bind to maintain he immediate before she receive  any of the profit for and towards be the same with maintain and maintain the  same with allow and pay for if I bequeathe such a sum towards the pay it be  the same with give so much and he cite the case of lee v Stephens b Mr  attorney e contra for and towards be but a trust to maintain the child and  this annual and not a sum in gross for and towards that be so far as the  profit will reach and he cite the case in dyer b where be a remainder to b and  he devise the land which he have or may have in reversion or remainder to his  wife render forty shilling per annum during her life to c and hold that she  shall have no estate but for life to commence when the remainder fall and then  the payment shall begin so the maintenance be to be as the profit do arise he  argue that this estate be and always will be Chargeable shower KB with this  trust and the heir if it come to his hand will be Chargeable therewith he cite  the case of wellock v Hammond cite   b and the same case be better report in  cro Elizabeth and the case of Annesley v chapman cro car Scroggs chief justice  I confess that maintain the child must necessary be before any profit can be  receive but for and towards seem not so strong but only that the maintenance  shall be out of the profit Jones justice a fee passes because it be a present  charge dolben justice the heir at law be always to be favour unless there be  express word that give away the estate and the testator goodwill seem to be  only for the maintenance of the child and no design to the wife perhaps there  be somewhat else for its maintenance beside for this be only towards her  maintenance Pemberton justice I think it a fee the design be that the child  shall have a maintenance during his life and if the wife have but a estate but  for her life and shall die the child will want a maintenance Adjornatur b see  the case tailor v Phillips vezey wise v terell will complin v Collinson h Bl  Rep to SC brown case Chan to a   b ante and SC under the name of lee v wither  Jones shower KB er p