case Francis emes administrator of his wife Elizabeth emes plaintiff thomas  Hancock defendant between the seat after Hilary term t h devise copyhold land  he have surrender to the use of his will to his wife for life and after her  decease to his son Stephen till the defendant his grandson attain the age of  and as soon as he attain that age give it to he and his heir on condition that  he pay to Elizabeth Hancock within two year after he attain and in default of  payment of the pound then the testator give Elizabeth Hancock a power to enter  and receive the rend till the pound be pay the testator die soon after make  his will Elizabeth Hancock marry the plaintiff and live till the defendant  attain his age of but die within the two year after he attain that age Lord  Hardwicke decree the pound to be raise out of the copyhold land and to be pay  to the plaintiff Thomas Hancock grandfather to Elizabeth the plaintiff late  wife and to the defendant on the d of June make his will recite that he have  surrender all his copyhold land to the use of his will and do thereby give and  devise the say land to his wife Elizabeth and her assign for life and after  her decease to his son Stephen till his grandson the defendant Thomas attain  the age of and no long atkins er p and so soon as his grandson attain that age  then he give it to his say grandson his heir and assign for ever on this  condition that the say grandson his heir or assign shall pay or cause to be  pay unto his granddaughter Elizabeth Hancock the atkins sum of sixty pound  within two year after his say grandson attain his age of twentythree and if  his say grandson shall happen to die without issue of his body then he give  and devise the same to his son Stephen Hancock and his heir on condition of  pay the sum of one hundred pound to Elizabeth Hancock within one year after  his son Stephen Hancock enjoy the say premise by virtue of this last devise  and his will further be that if his say grandson or son shall make default in  payment of the say sum of sixty pound then it shall be lawful for his say  grandaughter Elizabeth Hancock her executor and administrator to enter into  the say premise and the rend thereof to receive and take till the sixty pound  shall be pay the testator die soon after make his will and his son Stephen  prove it Elizabeth Hancock marry the plaintiff a and live till after the  defendant her brother attain his age of but die before the two year be expire  after his attain that age it be insist by Mr Wilbraham and Mr capper counsel  for the plaintiff that the sixty pound be a vest legacy and transmissible to  Elizabeth representative the case of Lowther versus give June ante S c upon a  rehear before Lord Hardwicke be principal rely upon for the plaintiff Mr brown  for the defendant insist that the pound shall sink into the inheritance as the  time of payment be not come he cite carter v Bletsoe vern tournay versus  tournay Prec in chancery and hall versus terry Nov before Lord Hardwicke vide  Tracy atkins Lord chancellor all these case depend upon circumstance the  present be a particular kind of case and differ from all the other the court  have often in these case lie a good deal of weight upon a child die before  marriage and before the portion be want but here Elizabeth Hancock be marry  some year before she die what be the operation and effect of the devise in  point of law I take it to be a conditional limitation and therefore whatever  right Elizabeth gain thereby be a legal estate so Wigg v Wigg ante vol  Tunstall v Brachen Amb bro Charles Rep SC Jeale v Titchner Amb Sherman v  Collins post vol vide etian Hutchins v foy Com Hodgson v Rawson Ves embrey v  Martin Amb atkins she need not have resort here on the common suggestion that  as none but a heir at law can take advantage of a condition break that she be  without remedy at law for upon default of payment it be special provide for by  the will that she her executor and administrator shall have a power of enter  and hold till satisfy Wig v Wig ante vol Sherman v Collins post vol because  Elizabeth die within the two year be it either a breach of the condition or a  excuse for not pay the sixty pound it be say the condition be become  impossible but I be of opinion it be not for in point of law the condition  subsist notwithstanding she die within the two year suppose a bind give to a  Payable at a future time without name his executor administrator or assign why  if a die before that time his executor though not name will be entitle to sue  upon the bind anon salk if the husband then as administrator in this case can  recover it even at law have it be ever hold that because he have a legal  remedy therefore equity will not give it he but ought to adhere to its strict  rule and leave he to law consider what confusion this will make for even after  the administrator have recover a judgement at law the defendant will have a  right to come into this court upon payment of the sixty pound for a redemption  and this will occasion a circuity and two suit instead of one a inconvenience  which this court always avoid the testator appoint two year after his grandson  attain twentythree for raise the sixty pound seem to be do mere for the  convenience of the estate vide Lowther v give atk Sherman v Collins atk the  case of tournay versus tournay come the near to this but there the childfor  who the provision be make die very young at five or six year of age atkins er  p so that the portion not be want the court exercise a discretionary power and  will not raise it here be a further circumstance for the will say if my say  grandson shall die c vide the word of the will suppose Thomas Hancock have die  within the two year for if he have die after Elizabeth will have be entitle  only to the sixty pound and the money have not be pay and he have leave a son  and the son have likewise die within the two year and then Elizabeth have die  before the year be out which the testator have allow to Stephen Hancock for  payment of the pound will not the plaintiff as representative of Elizabeth be  entitle to the pound most certain he will and the case of king versus wither  case in Lord Talbot time be for this atkins purpose direct in point and from  hence may be argue that the intention of the testator be that his grandaughter  Elizabeth shall have one or the other upon the whole I see no equity at all  for take the portion from Elizabeth or send her representative to law and  therefore I shall decree the sixty pound to be raise out of the copyhold land  and pay to the plaintiff accord Reg lib a fol