banns v Dixon Oct a sale direct on the word rend and profit alone though  general contrary to testator intent in aid of a creditor on the ground of law  that in a will those word mean and pass the land itself another construction  however as to legacy upon the addition of the word as the rend and profit c  shall advance the money supplement a man have a son and a daughter devise his  manor of Ryley with the appurtenance and all his other tenement and  hereditament to trustee and their heir in trust for pay his funeral expense  debt and legacy as far as the personal estate shall be deficient then for  raise a maintenance and education at their direction for his son m and his  daughter S and all other young child whether bear before or after his decease  till his son attain twentythree and all other young child respective attain  twentyone then all the surplus as shall arise from the rend and profit to and  among his daughter S and all other young child as shall be then live note  instead of the word as shall be then live the statement in r l be thus in  equal portion when his son the defendant m shall attain the age of c year and  not soon or as soon after as his say young child shall respective attain the  be of year and no more of the will be there state at their respective age of  twentyone and that the trustee shall convey his say manor c to his son m at  twentythree he then give some legacy to be pay after the debt with all  convenience as the profit of the estate shall advance the money on a bill  bring by the daughter a general account be decree at the bolls and after the  master report it be direct that a sufficient part of the real estate shall be  sell for payment of the debt and legacy unsatisfy with which part of the  decree the defendant the son be dissatisfy bring a appeal after a rehear at  the bolls in which the order be affirm for plaintiff there must be a sale for  there be nothing to bind up the word profit which be large enough to warrant a  sale if nothing to confine it the word rend be drop in the latter clause and  this rule the court come into by several gradation and will not break through  without great reason this be intend as a beneficial and effectual provision  for all young child but the testator be in debt can not oblige the creditor to  wait till the rend shall pay the interest and principal and if so there will  be nothing for the child so that a immediate sale to pay the debt must have be  intend it be no objection that by this mean the provision for the daughter  will be too large for there may have be more young child and though that  happen not to be the case the court will not judge by subsequent accident for  defendant the whole charge be to be raise in the same manner the maintenance  and education must mean annual and no sale can be for that and the last clause  show the testator can not intend it for then he will have direct so much as  vesey senior remain to be convey to the son and not the say land convenience  can only mean annual perception of the profit in ivy v Gilbert wm the court  will not allow a sale or mortgage because lease be mention so here there be a  particular manner mention by profit with which intention he make the minority  long Lord chancellor it be true that where there be no direction for a sale  the court have go by several gradation when any particular time be mention  within which the estate will not afford the charge the court direct a sale and  then go further till a sale be direct on the word rend and profit alone when  there be nothing to exclude or express a sale in ivy v Gilbert the power of  make lease exclude a sale as it will be frivolous if a sale be intend which  will include vesey senior er p every thing as to the intention there be not  one case ten where the court have decree a sale on the word rend and profit  that it have be agreeable to the testator intention yet the court have in aid  of a creditor direct a sale by a kind of discretionary power on the ground of  law that rend and profit note devise of the profit devise of the land Ves sen  in a will mean to pass the land itself the testator intend this as a provision  for all his young child and may have have more which be a answer to the  largeness of the sum the word direction in this will mean discretion this  devise to the trustee be a use execute but abstract from that nicety the  direction give they the real estate and a general trust not confine to the  word rend and profit will have carry a sale even before the resolution that  those word shall carry a sale it be but conjecture that this be a implication  that debt and legacy shall be pay in the same manner the word say in the  direction to convey be to be take accord to the subject matter and there have  be many case of devise to trustee to pay debt out of profit and then to convey  the land yet that shall not hinder a sale and never have be think sufficient  to limit profit to annual profit which will overturn many case the last clause  relate to the legacy be indeed a direction that they shall be pay out of the  annual profit as it be say for the defendant but it be not the word profit but  advance that limit it thereto it be further say that the testator intend debt  and legacy to be pay in the same manner but the sense of the word may be  satisfy either way and it will be extend the word advance too far to apply it  to debt as well as legacy for which construction there can be no reason so  that a middle way must be take and a sale direct for the debt but the legacy  to be pay as the rend and profit shall arise with interest from a year after  the testator death for they be general legacy and vesey senior shall be pay  with interest by the personal estate if sufficient then the land be only a  auxiliary fund do not vary the right Reg lib b fol h for the variation and  addition to the decree see supplement p though a sale of land have in many  case be direct on a devise of rend and profit c as post and Amb it  nevertheless seem that in general and ordinary instance the natural meaning of  the word profit be annual profit and the case which have extend it further be  exception out of the general rule from particular circumstance see Mr Cox note  to Trafford v Ashton p W et vide the note and reference in Conyngham v  Conyngham supplement p and belt v Mitchelson ibidem