case philadelphia boycot sophia cotton hester maria cotton and Sidney arabella  cotton the four survive daughter of sir thomas cotton Bart decease and dame  philadelphia his wife plaintiff sir robert Salisbury cotton linch Salisbury  cotton cotton king and John crew defendant November the that see Parker v  Hodgson d S Davies v Huguenin h m henty v wrey Ch d and SC on appeal Ch d  distinguish Balfour v Cooper Ch d where there be a power to charge a estate  with a gross sum it imply a power to charge a estate with interest likewise  hall v carter post vol by indenture of the that of July sir Robert cotton and  dame Hester his wife do covenant to levy a fine to trustee and their heir of  the capital message of Lewenez and land thereunto belong and of several estate  in denbighshire therein mention to the use of sir Robert and dame Hester for  their life and the life of the survivor without impeachment of waste remainder  to Thomas cotton their second son remainder to trustee to preserve contingent  remainder to the first and other son of Thomas in tail male and after diverse  remainder to the use of dame Hester and her heir with a proviso that it shall  be lawful for Thomas cotton or any other tenant in tail in possession after  the death of sir Robert and Hester by any deed or will execute by they  respective in the presence of three or more witness to limit any part of the  same land not exceed pound a year to a wife for life for her jointure and a  power also for Thomas cotton and the other tenant in tail in possession to  charge any part of the land not exceed pound a year for portion for his young  child subject to a power of revocation in sir Robert and dame Hester and the  survivor of they by deed or will about Thomas cotton then become the old son  of sir Robert intermarry with Philadelphia Linch and by indenture of lease and  release in sir Robert covenant that Hester shall levy a fine of the premise  therein mention to the use atkins of Thomas cotton afterward sir Thomas for  life with power to commit atkins er p waste remainder to trustee to preserve  contingent remainder remainder to Philadelphia for her jointure remainder to  trustee for year without impeachment of waste remainder to sir Robert cotton  in fee the term of year be in trust that if Thomas shall die leave any  daughter or daughter or young child or child by Philadelphia live at his death  it shall be lawful for the trustee or the survivor or the executor of the  survivor by rend and profit or by demise mortgage or sale of the term or by  fall timber or by any mean they shall think fit or most for the advantage of  such young child to raise such sum of money for the portion or yearly  maintenance of such child videlicet if there shall be a son and but one young  child pound and if two or more young child then pound to be equal divide to be  pay to the daughter at or marriage which shall first happen and to the son at  and till such portion shall be Payable shall pay to such young child if but  one pound a year and if more pound apiece at ladyday and Michaelmas provide if  any daughter or daughter shall have attain or be marry in the life of Thomas  cotton and their portion unpay or if any son shall attain in Thomas cotton  lifetime and their portion unpay then the portion of such child or child shall  be pay to they in twelve month after the death of Thomas cotton or as soon  afterward as may be and in the mean time the say pound and pound yearly or the  interest of their portion for a maintenance dame Hester die in and sir Robert  cotton in December without revoke or alter the use of the deed of the that of  July leave several child particular Thomas cotton his then old son who enter  upon the estate limit in use to he by the deed of July and have child by  Philadelphia and be mind to increase her jointure execute a deedpoll date the  saint of July whereby he do limit the capital message with the land and  appurtenance in Lewenez and several other land in denbighshire whereunto the  power do extend and which be then under the yearly value of pound to the use  of Philadelphia and her assign after his decease for life as a further  increase of her jointure and as a further provision for his young child do  execute another deedpoll date the saint of August recite the deed of the that  of July and that of the saint of July and that he in pursuance of the power  give he for raise portion for young child do charge the residue of the message  land and premise comprise in the indenture of the that of July and not limit  by the say deedpoll to his wife and after her decease do charge the several  premise and appurtenance therein mention with the sum of pound for the portion  of his son Stephen pound for John Salisbury cotton pound for Lynch pound for  the plaintiff Philadelphia boycot pound for the plaintiff atkins Sophia pound  for the plaintiff Hester maria pound for Sidney Arabella and pound for veer  such portion to be pay to such child as shall have attain before his death  within one year after his death and to such child as shall be under at his  death to be pay to his son at and to his daughter at or marriage which shall  first happen the respective portion to be pay with interest at five per cent  per and from his death to the payment thereof sir Thomas cotton die the that  of June and appoint dame Philadelphia sole executrix of his will and leave  nine child Robert then sir Robert Stephen John Linch the plaintiff and also  veer in dame Philadelphia intermarry with Thomas king Esq since decease and by  the death of sir Thomas cotton the plaintiff and also John Salisbury cotton  become entitle to their share of the pound with interest from and to the sum  of apiece limit to they by the deed of the saint of August with interest from  the death of sir Thomas Philadelphia have two child by Mr king Thomas and  cotton king in Stephen cotton die have make his will and appoint sir Robert  Salisbury cotton his brother sole executor and residuary legatee on the saint  of march John Salisbury cotton be above die intestate and unmarried have  receive very little if any of the say sum and administration be grant to dame  Philadelphia his mother about September veer cotton die intestate and  unmarried at the age of have receive very little if any of the share due to  her of the say several sum and administration be grant to Philadelphia her  mother dame Philadelphia Thomas king the elder Lynch cotton and the plaintiff  come atkins er p to a agreement date the d of October whereby Thomas king and  dame Philadelphia in consideration that the plaintiff have agree to release  all their claim on account of the personal estate of sir Thomas cotton and the  rend of the denbighshire estate receive by dame Philadelphia after her  marriage do agree to convey to the plaintiff their right and interest in the  personal estate of John Salisbury cotton and veer cotton Thomas king the elder  die about January have bequeathe his personal estate to dame Philadelphia and  appoint her sole executrix in pursuance of the agreement abovementioned by a  deed date the that of march Philadelphia assign to the plaintiff all her part  and proportion of the personal estate of John Salisbury cotton and veer cotton  which be vest in her to hold to the plaintiff as their estate in equal share  and appoint they her atorneys to receive the same the plaintiff have attain  the age of have bring their bill against sir Robert Salisbury cotton and the  trustee pray that their portion may be raise and pay in pursuance atkins of  the deed in and also the pound apiece charge on the estate in denbighshire  with interest from the death of sir Thomas cotton and also for the plaintiff  share on the estate of John Salisbury cotton with interest from his age of and  also for their share of the estate of veer cotton Lord chancellor it be admit  in the cause that the whole of the land charge do not amount to above pound  per and that veer cotton one of the daughter of sir Thomas cotton die at the  age of and that John Salisbury cotton one of the son die at or about the age  of the first question be whether sir Thomas cotton can charge interest the  second question whether he have so charge it that it may be annual lie receive  or whether it must be accumulate and pay by way of principal sum at the age of  the three question whether the sum of pound be transmissable at the death of  mrs veer cotton at or sink into the real estate for the benefit of the  reversioner as to the first question I be of opinion that sir Thomas cotton  can charge the estate with interest for where there be a power to charge a  estate with a gross sum it likewise imply a power to charge it with interest  because it may be necessary that interest shall be give by way of maintenance  for there may be no other this court have be so liberal in their construction  that they have charge land with interest even before the portion have vest it  be object by the counsel for the defendant sir Robert Salisbury cotton that  this be a power to charge a estate in reversion only and it have be true say  that this court have be very careful that real estate in the hand of the heir  shall not be over burden but the rule do not prevail in the present case  because it appear by the settlement in that regard be pay to the preservation  of the estate for the reversioner the intention be chief to make a large  provision for young child and sir Thomas cotton have subsequent charge the  whole value of the estate for portion if sir Thomas can therefore exhaust the  whole estate by charge of principal sum then where be the difference if he  exhaust it by charge partly interest and partly principal or by principal only  as to the second question I be of opinion that the interest ought not to  accumulate but to be pay annual lie for when it be give at the rate of per  cent the natural construction be that it shall be pay anually and become due  every day for it be give as a recompense in the meantime till the principal be  due as to the three question I be of opinion that mrs veer cotton share of  pound ought not to be raise but ought to sink for the benefit of the heir it  be settle now whether the portion charge upon land be give with or without  interest by deed or by will if the person die before the age at which it  become Payable it shall sink into the estate see prowse v Abingdon ante Hubert  v parson Ves by as to personal property see van v clarke ante fonnereau v  fonnereau post vol the case of cave v cave vern have be much rely on by the  counsel for the plaintiff in support of their opinion that the principal ought  to be raise notwithstanding the death of mrs veer cotton at her age of in that  case Mr Vernon state it that a devise pound to his son to be pay at his age of  and interest in the atkins er p mean time and he to have a atkins maintenance  and direct the pound to be raise out of a trust estate the son die under hold  by Lord keeper wright to be a vest legacy and that it go to his executor this  case as it be report in the book be a a authority in point but I have order  the register to be search and as it be there state it impossible it can be  make a question in the cause I be very sorry to find that the report of so  able a man shall be so imperfect and come out in this manner where a portion  be give Payable at a certain age to one person and if that person die limit  over to another without mention any age when it shall be pay if the first die  before the time of payment it vest in the second immediate for it be as to he  a new legacy see Launde v William Cox p W and the cause there cite the case of  bruen v bruen in vern go a great way to overturn his own authority of cave v  cave and as it be report in Prec in Chanc be exact right the case be a term  create by a marriagesettlement to raise for daughter portion within two month  after the death of the survivor of husband and wife the daughter of the  marriage die at the age of five year and the portion be to be raise out of  land it shall not be raise for her administrator but the interest or  maintenance the child be entitle to shall be raise this come extreme near the  present case there be a authority too in Lord Cowper exact in point the case  of tourney v tourney Prec in Chan there by marriagesettlement a term be create  for raise pound apiece for young child to be pay they within a year after the  father death and with interest from his death one of the child die after the  father but within a year after his death the portion not be raise hold by Lord  Cowper that it shall sink in the inheritance and not be raise for the benefit  of its representative Jackson v farrand vern be quite a anomalous case and I  lie no sort of stress upon it there will still a question remain as to the  interest of mrs veer cotton I be of opinion as there be a power of charge  interest that it shall be consider as maintenance for give of interest be the  same thing as give a express maintenance and whoever have maintain the  daughter will be entitle as to the six year Mr John Salisbury cotton live with  his brother if sir Robert cotton insist upon it I can help allow atkins he  something for maintain he so long for if a young brother have a provision  under a settlement and life with the elder who be entitle to the estate so  charge he shall have a allowance for his maintenance in this case his lordship  direct sir Robert allowance for the maintenance to be pay out of the interest  due to Mr John Salisbury cotton upon his share of pound his lordship declare  that mrs veer cotton die before such time as her portion become Payable the  principal sum of pound ought not now to be raise but must sink into the estate  charge therewith for the benefit of the defendant sir Robert Salisbury cotton  the heir at law and do therefore order the plaintiff bill as far as it seek to  have the raise for the portion of mrs veer cotton to be dismiss and as to the  rest of the cause decree that it be refer to the master to take a account of  what be due to the plaintiff S for their original portion of pound apiece  under the deed of the that of July with interest for the same at pound per  cent from the death of sir Thomas cotton the like direction with respect to  the a of John Salisbury cotton and the maintenance which he receive from his  brother to be set against the interest a account be direct to be take likewise  of what be due for the share of Mr John Salisbury cotton of the sum of pound  provide for the portion of the young child under the marriage settlement of  with interest to be compute after the rate of per cent from the time of John  Salisbury cotton attain the age of twentyone except when he be maintain by his  brother and then the maintenance to be set against the interest and it appear  there be no maintenance for mrs veer cotton during her life except the  interest direct by the deed of his lordship declare that a reasonable  allowance shall be make for her maintenance during her life equal to the  interest of her portion of pound at per cent from the death of sir Thomas her  father and do therefore decree the several sum before mention the sum of pound  appoint to mrs veer cotton except to be raise by sale of the land and premise  comprise in the atkins er p deed of the saint of August subject to the  jointure of lady Philadelphia and out of the money arise by the sale he decree  that the plaintiff shall be pay their original portion of pound together with  interest for the same as aforesaid and as to the portion of pound give to John  Salisbury cotton he order that the same be divide into ten equal part and as  to what shall be find due for the share of John Salisbury cotton in the pound  provide by the settlement of the that of July it be decree that the same be  raise by mortgage or sale of part of the estate charge with these portion  subject to lady Philadelphias jointLire Reg lib a fol