case catherine stride widow plaintiff thomas andrews defendant in error that  February a convey land to the use of himself and his wife for life remainder  to their first and other son in tail and for default of such issue and in case  a shall die or be dead without issue male of his body bear or in ventre sa  mere at the time of his death and shall leave one or more daughter then to I S  for year to raise portion for such daughter a die leave both son and daughter  the son have afterward all die without issue male live the daughter hold that  upon the death of the survive son the term arise and take place and that it be  not a condition precedent but a remainder upon the determination of a estate  tail judgement of the court of king b reverse Mod holt Rep viner vol note to  can note to can vol p can John Wyndham esquire sergeant at law be seize in fee  of the manor of Blackford and certain land in the county of Somerset and have  issue three son William Burgundy and Francis he by indenture of lease and  release date the that and that of June in consideration of a marriage between  his son William and Rebecca stride and of pound her marriage portion settle  the premise to the follow use videlicet to the use of his say son William for  his natural life remainder to Rebecca for her life remainder to brown the  first and every other son of the body of the say William Wyndham on the body  of the say Rebecca beget and the heir male of the body of such son and son  then follow a clause upon which the present question arise in these word  videlicet and for default of such issue and in case the say William Wyndham  shall die or be dead without issue male of his body of the body of the say  Rebecca stride bear or in ventre sa mere at the time of his death and shall  leave one or more daughter or daughter of his body on the body of the say  Rebecca stride beget or in ventre sa mere at the time of his death then to the  use and behoof of John stride and Saville stride their executor and  administrator for and during the term of year from thenceforth full to be  complete and end upon such trust and to and for such intent and purpose as be  hereinafter express and declare that be to say upon trust that the say John  stride and brown er p Saville stride their executor or administrator shall out  of the rend and profit of the say manor and premise or by sale or demise  thereof for all or any part of the say term or otherwise levy and raise pound  for the portion or portion of such daughter or daughter as the say William  Wyndham shall beget on the body of the say Rebecca and shall be live or in  ventre sa mere at the time of his death to be equal divide and pay in manner  after mention that be to say such of the say daughter as shall be unmarried or  under the age of year at the time of the decease of the say William Wyndham  shall have her respective portion pay unto her or they respective at the day  or day of their respective marriage or marriage or of their respective age of  year whichsoever of they shall first happen after the death of the survivor of  they the say William and Rebecca and such daughter or daughter as shall have  attain her or their age or age of year in the lifetime of the say William  Wyndham the father or the say Rebecca stride shall have her or their  respective portion or portion pay unto her or they within one year after the  decease of the survivor of they the say William and Rebecca and not before  provide that in case any of the say daughter shall be prefer in marriage in  the lifetime of the say William their father her or their part or portion  shall cease and in case any of the say daughter die in the lifetime of the say  William or after his decease in the lifetime of the say Rebecca and before  their portion shall become due and Payable that then the part and portion of  the daughter or daughter so die in the lifetime of the say William or Rebecca  shall go and remain to the survive daughter or daughter equal to be divide  between they and further that the say trustee their executor or administrator  shall also out of the profit of the say manor and premise or by such mean as  aforesaid pay and allow unto the say daughter or daughter respective interest  after the rate of pound per cent per and for the forbearance of the say  several sum of money brown and portion respective from the time of the  decrease of the survivor of they the say William and Rebecca until such sum of  money and portion shall be pay to her or they respective for their several  maintenance and education which interest shall be pay to her or they duly by  half yearly payment during the say term and from and after the end or other  soon determination of the say term of year to the use of the heir male of the  body of the say William Wyndham remainder to the say John Wyndham the father  and the heir male of his body remainder to Burgundy the second son of the say  John Wyndham and the heir male of his body remainder to Francis the lessor of  the plaintiff and the heir male of his body remainder to the right heir of the  say William Wyndham for ever the marriage take effect and there be issue two  son and four daughter namely John Burgundy jane Rebecca Joan and Katherine in  April William Wyndham die leave John and Burgundy his two son both live in  August John the old son die without issue in July Rebecca the mother die  whereupon Burgundy her young son enter and be seize and in October he also die  without issue the several person to who estate for life be limit be dead and  all the precedent estate tail be spend Francis the young son of Mr sergeant  Wyndham enter by virtue of the remainder in tail limit to he but Katherine  stride the plaintiff in error be the administratrix of the survive trustee of  the year term enter upon the premise in order to raise the portion for jane  Rebecca and Joan the three survive daughter of the marriage whereupon the say  Francis Wyndham bring a ejectment in the name of Andrew his lessee on the  trial of this ejectment the jury bring in a special verdict find the several  fact above state and the single question be whether the term of year be to  begin upon failure of male issue whenever that shall happen or upon failure of  male issue if that happen at the time of William death and upon argue this  verdict in the court of queen bench the judge be unanimous of opinion that the  term never arise because it depend upon a condition precedent videlicet  William die without issue male by Rebecca bear at the time of his death which  do not happen for he leave two son by Rebecca survive he and therefore  judgement be give for the lessor of the plaintiff brown er p to reverse this  judgement the present writ of error be bring and on behalf of the plaintiff in  error it be argue t powis r Raymond that the year term arise and take place  upon the death of William young son Burgundy without issue and be still  subsist for that it be manifest the intention of all party to the settlement  that the pound shall be raise for the daughter of that marriage if there shall  be a failure of issue male that the term be brown express limit to take place  if William Wyndham shall die or be dead without issue male by Rebecca and  therefore as his son be both dead without issue the contingency have happen  and he be dead without issue male and consequent the term arise and the rather  because there be no express time limit in the settlement when the failure of  issue male shall happen it may be at anytime as to the objection that the  contingency of the failure of issue male be confine to the time of the death  of William by the word at the time of his death and that both his son have  survive he the contingency never happen it be say that these word at the time  of his death relate only to the expression immediate forgo videlicet in ventre  sa mere and so the entire clause be not restrain by the word at the time of  his death but they must be refer to the next precede expression in ventre sa  mere for without add or subjoin that expression to those word the expression  itself will have be unintelligible or at least the sense of it incomplete and  as to the other objection that the maintenance be to commence from the death  of the survivor of the father and mother and from thence it must be infer that  the failure of issue male must happen in the lifetime of one of they it be  answer that in pen declaration of trust of such term for year the various  accident which may happen in family can not all be foresee and therefore the  trust be general suit to such case as be most obvious but nothing can from  thence be just collect to defeat the term itself beside this objection do not  prove what the other side chief contend for videlicet that the failure of  issue male must be at the death of the father but it rather prove the contrary  because as the maintenance be limit to take place from the death of the  survivor of the father and mother and as the mother do survive it show clear  that the failure of issue male be not intend to be restrain to the time of the  father death but suppose this to be a doubtful case yet as there be ground for  a construction in favour of the daughter who be in the nature of purchaser for  a valuable consideration upon the merit of their mother marriage and portion  and who be heir at law both to their father and grandfather the maker of the  settlement it be hope that the house will rather incline to give they a  provision out of the father estate than suffer his young brother to carry away  the whole of it to the clear amount of pound per and in support of the  judgement it be contend t Parker p king that if the term be to commence  whenever there shall happen a failure of male then the word for default of  such issue full and clear express the meaning of the party and so all the rest  of the clause on which the doubt have arise may be reject but it be apprehend  to be very plain that this term be not to begin bare upon default of issue  male but over and above that a condition be end in case William shall die  without issue male by Rebecca bear or in ventre sa mere at the time of his  death and shall have brown one or more daughter by her beget or in ventre sa  mere at the time of his death so that the have daughter and have no son and  both restrain to the time of his death be the condition on which this term be  to commence the term therefore be to begin immediate upon the death of William  and Rebecca or not at all and so the trust begin from their death absolute the  daughter who shall attain in the lifetime of their father be to have their  portion in a year after the death of far and mother and those under be to be  pay when they attain that age and in the mean time interest at pound per cent  be to be pay they from the death of the survivor of father and mother out of  the profit and by halfyearly payment which show plain that this term be only  to arise upon the contingency of William die without issue male live at the  time of his death for they can not have their portion within one year after  William death if the issue male have live year nor can the daughter have have  the interest of their portion for their maintenance and education from the  death of the survivor of William and Rebecca unless the contingency then  happen and brown er p it will be a very improper provision for a present  maintenance for daughter and for raise their portion at their age of or  marriage when it may happen that the issue male of the issue male may not fail  for year or perhaps never that it be a extraordinary construction to make the  trust of a term and the disposition of the profit by the trustee begin before  the term itself which must enable the trustee to take those profit and it can  not be imagine that the trustee be to maintain and educate the daughter before  the term vest or afterward to allow they interest for their portion year  backward in one gross sum when the interest intend by the party be express  direct to be pay by halfyearly payment and as to the hardship of the case  allege on the other side mere to prove compassion it have no foundation in  fact for that sergeant Wyndham who survive his son William and be perfect  sensible that William daughter can have no provision under this settlement  make a very ample provision for they by his will so that under this and other  will by different branch of the family these very daughter be entitle to no  less than pound but after hear counsel on this writ of error it be order and  adjudge that the judgement give in the court of queen bench shall be reverse  and that judgement shall be give for the say dame Katherine stride against the  say Thomas Andrews in the say action jour vol p