burnet v man Nov posthumous brother of the half blood shall take under statute  of distribution appointment pursuant to a power good though execute b will of  a feme covert see also Fettiplace v gorge bro supplement p one question in  this case be whether a posthumous brother of the half blood shall take under  the statute of distribution a share of his intestate brother personal estate  vesey senior er p Lord chancellor I can distinguish this from those case where  it be determine that where a infant entitle to a personal estate die intestate  his mother ensient with a child that child shall have a distributive share of  his brother estate as one of the next of kin and in a thing naturan at his  death Wallis v Hudson Barnard and atk for the general rule be that they be  consider in be for their benefit not for their prejudice thus in the case of a  posthumous child of the whole blood this question be if the half blood and it  have be determine that as to the distribution of intestate estate that make no  difference so it must be here vesey senior if indeed it be to go to child bear  at any distance of time so as to cause a inconvenience by suspend the  distribution or to cause a take back again it may be a objection but that can  happen because the child must be in a thing naturan at the death of the  intestate brother who estate be in question but at the utmost it can be carry  beyond the year in which a distribution be to be make another question be as  to the validity of a appointment under a power give to husband and wife and  the survivor over a reversionary interest after her death to be by any write  under hand and seal in the presence of two witness the wife after husband  death marry again and during coverture appoint by will under hand c and that a  execution of a power by a wife be allow be cite lady Roscommon v major fowke  in the house of lord bro p c and ibidem note octavo ed although there it be to  execute after a power of revocation by any write or deed against this it be  argue that a write in form of a will be a defective instrument here for that  it be not intend to be execute by will but by some instrument in lifetime  because to be execute joint and then when to be execute by the survivor it  shall be by the same instrument Lord chancellor there be several case where  when a power be reserve to be execute as here a will pursue the requisite have  be hold a write within that power and therefore in some instance where such a  power to a feme covert over a personalty be execute by her by will prove in  the ecclesiastical court I have order it to stand over that it may be prove to  be execute accord to the requisite in the power nor can it be intend in this  case that the instrument shall take effect in the life of the party it be over  the reversionary interest suppose she by a instrument not inform of a will  have appoint express after her death it will be good then it be no objection  that she have do it by a instrument which speak that it be to take effect  after her death and the gift appear to be the subject of the power for there  be several case where it be not necessary to refer to the power if the act do  be sufficient and warrant Reg lib a fol