brown against Nisbet in Chanc Oct No application Webster v Boddington sim  power to husband and wife to charge a term of year in land with such sum or  sum of money not exceed pound for their two daughter a and b as the husband  and wife shall appoint and in failure of their joint appointment as the  survivor shall appoint with interest from such time as the term of year shall  commence in possession and not before the term be not to commence in  possession until after the death of the survivor husband and wife in execution  of the power direct the pound to be equal divide between the two daughter six  month after the decease of the father and mother and if either of they die  before payment or the money become due then the share of her so die to be lie  out for the benefit of her executor one of the daughter die after the  appointment and before the time of payment this be a good appointment to the  daughter themselves and the appointment to executor be void but as one of the  appointees die before time of payment her share sink into the estate the joint  appointment have appoint the whole the share of the daughter who die be not  the subject of any further appointment William burley the elder and Margaret  his wife by deed of July in it all assign to trustee a term of year in certain  land c in trust by mortgage sale or otherwise to raise and levy out of the say  land such sum or sum of money not exceed pound for their two daughter Margaret  and mary as the say William and Margaret shall by any write under their hand  attest by two or more witness direct or appoint and in failure of such  direction and appointment by they joint as aforesaid then as the survivor of  they shall by any write or will attest c direct or appoint with interest from  such time as the term shall commence in possession and not before the term be  not to commence in possession till after the death of the survivor of William  and Margaret in William and Margaret by deed joint execute the power and  direct the pound to be equal divide between the daughter to be pay to they six  month after the decease of the father and mother and if either of they die  before payment or the money become due then the money be the share of her die  to be lie out for the benefit of her executor one of the daughter die after  the appointment and before the time of payment Cox chancery case Lord  chancellor Hardwicke the deed in which the power be contain be to be consider  the same as a marriage settlement a family provision for the daughter it be  insist to be a power to appoint by parcel at different time by virtue of the  word sum or sum of money but I be of opinion that be not the construction they  can not do so it be a discretionary power not to raise by parcel but to raise  any give sum not exceed pound as suppose pound or pound and if they joint have  appoint any sum the survivor can not add to or alter it the particular  question the re be a joint execution of the whole sum to take place six month  after the death of the survivor and if either of they die before payment or  the money become due then the money to be lie out for the benefit of the  executor of her die question if this be a good execution of the power I be of  opinion it be objection it be void as to part for they have no power to make  any appointment over but that will not make the appointment void in toto so  far it be a good appointment of the absolute property of the pound to the  daughter themselves and the appointment over be void Cox chancery case er p  question what effect the daughter die before the time of payment will have it  have be insist that if a daughter die before time of payment the portion shall  not be raise but sink into the inheritance like the common case of portion  reserve on marriage Payable out of the inheritance at a subsequent time and  the daughter die before that time and I see no difference the execution be  part of the power suppose then it have be insert in the original deed it will  have be so next question whether on the death of the daughter Margaret any  part remain appoint or whether the mother be let in to make a appointmentof it  I be of opinion as a appointment be make by the Cox chancery case husband and  wife joint it be not in their power to alter it plaintiff therefore be entitle  to one sum of pound and the residue sink into the inheritance