case lady Pawlett versus lord Pawlett all see note to SC Vernon maii ante case  John Lord Pawlett by indenture of lease and release and maii convey several  manor and land to trustee and their heir to the use of himself for life  without impeachment of waste and after his death to other trustee for the term  of year upon the trust therein after declare and then limit several remainder  over the trust of the term for year be declare to be for raise money by rend  and profit or by lease to be derive out of the term for year the word of the  trust be that the say trustee shall after the commencement of the year either  out of the clear yearly rend or profit or out of so much of the premise or by  the grant lease or any other lawful way allow to the defendant Lord Pawlett a  yearly maintenance and shall levy so much more money as shall be sufficient  for payment of his debt r l in the first place to pay the Lord Pawletts debt  as also such yearly maintenance for every young son and daughter as be therein  after express and after payment of his debt and such maintenance as aforesaid  then to pay all such sum for all and every young son and daughter as the say  Lord Pawlett have or shall have and at such time and time and in such manner  as he shall by write or by his last will appoint and in default of such  appointment the trustee shall in convenient time after such debt as aforesaid  shall be satisfy and not before raise and levy out of the premise pound apiece  for each and every young son and pound apiece for each and every daughter of  the say Lord Pawlett on the lady Susanna his second wife beget Payable to be  pay r l at one and twenty or marriage which shall first happen with this  further that in case the say Lord Pawlett shall not otherwise direct by will  every young son and daughter shall be allow such competent yearly maintenance  and education as shall be think Vernon chancery case requisite till the  portion shall be respective pay so as such maintenance do not exceed pound par  and for a son and pound per and for a daughter and after the Vernon chancery  case er p performance of these trust and some other trust therein mention the  trustee be to surrender so much of the five hundred year term as shall remain  to who the immediate reversion shall belong the Lord Pawlett by his will the  that may devise to his two daughter by the say Susanna his wife pound apiece  for their respective portion to be raise and pay to they respective in such  manner as in the say indenture be direct and further will that they shall have  the same yearly maintenance until their respective portion shall be raise as  by the say indenture be appoint provide that by virtue of his will or of the  say indenture or otherwise all put together his daughter shall not have more  than pound apiece for their portion unless his son and heir apparent shall  happen to die without issue and then they shall have pound apiece more the  Lord Pawlett die leave issue by the lady Susanna one son videlicet the  defendant the Lord Pawlett and two daughter Susanna and veer before any part  of the portion of veer can be raise she that December die under age and  unmarried and administration of her estate be grant to the plaintiff her  mother who bring her bill against the heir and the trustee to have the say  legacy of pound and interest for the same from the death of veer raise out of  the trust estate this matter come on this day to be argue upon a case state  special by a master the sole question be whether as this case be the lady  Susanna be entitle to have the pound and interest raise out of the say estate  Vernon chancery case for the plaintiff it be insist first that the pound be  debt is owed in presenti but Payable in going to be and therefore be a  interest vest it ought to go to the administratrix dly that this pound be a  duty arise by the will and be in the nature of a legacy for the deed be to  take place only in case the Lord Pawlett have make no appointment by his will  and in all case of construction equity ought to favour the right that go in a  course of administration and though now the case fall out to be between the  mother and the heir at law which of they shall have the benefit of this pound  and the plaintiff counsel will draw a equity from thence in favour of the heir  whereas it may have so happen that the son may have die in the lifetime of his  sister and then the controversy will have be between the mother and the  halfsister and there ought to be the same rule in both case and suppose this  portion have be make Payable at twentyone only and the daughter have marry and  die under twentyone leave child it will be hard by a construction in equity to  deprive the daughter child of this pound and it be urge that the deed be pen  that after all portion pay the Lord Pawlett shall have the estate it be not  thereby mean that he shall have it before all the portion be raise and pay for  the defendant it be insist that the case depend upon the deed and not upon the  will which only confirm the deed and be a case pure in construction and a  matter of trust and therefore equity ought to favour the heir in such a case  and the case of bind and brown be cite as a case in point which be decree last  term by the Lord keeper in favour of the heir and what be principal rely upon  be that this be not a legacy nor do arise by the will for then it be admit it  must have go in a course of administration vide bind be case Ch can but the  duty arise upon the deed and be give under the notion of a portion and not  Vernon chancery case as a legacy and a maintenance be appoint in the mean time  and it be not intend that the daughter shall dispose or have any interest in  the pound till marriage or twentyone Lord keeper this be a case both great in  value and in its consequence and I find no precedent on either side the case  of bind and brown be a new case and decree but last term be not to be urge as  a precedent as to legacy devise by a will I take the law to be settle that  where it be debt is owed in prsenti though not Payable till a future day it  shall go in a course of administration and the reason be that it take place on  the personal estate and depend pure on a will which be to be construe and  expound in the spiritual court and in such case it be but just that the legacy  shall go in a course of administration in regard it come out of the personal  estate and it be indifferent whether the executor of the first or the last  take it Lord latimers case die b Clobberies case vent smith v smith post vol  cruse v barley p wms and case cite in note there Stapleton v cheese post vol  pre Ch S c anon post vol and in sander v earl there cite the distinction as to  the case f a vest interest be if the legacy be to be pay with interest it  shall be pay present if not it shall be expectant till infant will have attain  et vide Wilson v Spencer p wms duke of chandos v Talbot p wms and the note  there and so it be where a sum of money be by will only devise Payable out of  land because it have be look on as a legacy but where it stand upon a deed  only as I take it do in this case the will be only a confirmation of the deed  Lord latimers case die b Clobberies case vent smith v smith post vol cruse v  barley p wms and case cite in note there Stapleton v cheese post vol pre Ch S  c anon post vol and in sander v earl there cite the distinction as to the case  f a vest interest be if the legacy be to be pay with interest it shall be pay  present if not it shall be expectant till infant will have attain et vide  Wilson v Spencer p wms duke of chandos v Talbot p wms and the note there and  although there be a will in the case yet it refer to the deed and be make at  the same time so that it do not at all alter the consideration of the case per  Lord keeper r l and so it Vernon chancery case er p will have be if the Lord  Pawlett by deed have only raise a trust for payment of such portion as he by  will shall appoint the case be quite of another consideration and here the  plaintiff have no title at law neither be there any demand accord to the  letter of the deed but the plaintiff will have the trustee decree to raise a  portion which accord to the letter of the deed never become Payable and will  have I force a construction in favour of the plaintiff the lady Pawlett in  prejudice to the heir at law but I see no reason to decree for the plaintiff  and the other for that the pound be to come whole out of the land and the  personal estate no way subject or make liable to the payment of it by the will  and therefore the bill must be dismiss and Lord keeper say he conceive there  be a great difference between a legacy and a trust for that a trust be expound  accord to the intent of the party but a legacy be govern by the rule of  commonlaw and a executor who be to have the residue in one case be not of so  great regard as the heir who be to have the residue in the other Reg lib a fol  from the above case it appear saint that there be a clear distinction between  a personal legacy and a portion or legacy out of land the latter sink under  circumstance for the benefit of the heir while the former will not for the  executor ndly that certain word or direction in the former case e g Payable or  to be pay at or to be pay with interest or with interest without the word to  be pay be necessary to give the legatee a vest interest dly from the aforesaid  case of sander v earl at least if a interest be vest yet that representative  of legatee shall not take the principal till legatee die will have attain if  to be pay without interest otherwise if to be pay with interest there he shall  take it present and so be Cloberry Lampen Freem Rep note this decree be affirm  upon a appeal to the house of lord that Nov journ Ho lord vol