case Churchill versus lady speak Eq can ab pl S c a give a legacy to his  granddaughter a infant to be pay at such time and in such manner as his wife  who be his executrix shall think fit and best for his granddaughter the  executrix live near twenty year after the death of a and die without pave the  legacy decree the legacy to be pay with interest from the death of a though no  demand make in the life of the executrix the case be that one Prideaux the  plaintiff grandfather and father of sir John Churchill wife be among other  thing possess of and entitle to a mortgage for give this mortgage among other  thing to his wife Willing her to give pound of it to the plaintiff his  granddaughter sir John Churchill old daughter but as to the time when and  manner of give it he leave it to his wife discretion as she shall think fit  and best for his say granddaughter the word of the devise be in a clause  separate from that which give the pound and be as follow I desire my wife out  of the money I have bequeathe unto her that she will give unto my grandchild  Margaret Churchill the sum of pound but for the time and manner of do it I  leave it free to herself and as she shall see it best for her r l and have  thus make his will he die about the plaintiff his granddaughter be then a  infant of about nine year old the date of the will be April and the testator  short after the make thereof die the plaintiff be then not above two year old  mrs Prideaux the plaintiff grandmother live till and then die make the  defendant the lady speak her executrix have pay no part of this pound neither  be the same in all that time so much as demand of her and the plaintiff bill  be to have this legacy of pound give unto her by her grandfather pay with  interest Vernon chancery case and the Lord keeper notwithstanding there be not  any demand prove and though Mr Prideaux leave the time and manner of pay this  pound to his wife decree the with interest from the death of Prideaux the  grandfather be near twenty year the court be full satisfy that the nature of  this case be a trust in Margaret the grandmother for the benefit of the  plaintiff Reg lib a fol Slanings case pop fringe v Lewis case Leon knap v  Powell pre Ch but where legacy Payable at a day certain shall only carry  interest from the time demand Jolliffe v crew pre Ch contra smell v do you  salk palmer v Trevor post Eq can ab synes v Vernon post vol and the rule at  present be that a legacy Payable at a day certain shall carry interest from  that day and a legacy give general if out of personal estate from the end of a  year after the testator death without any demand see Fonbl Tr Eq book ch so  where legacy give general and infant legatee interest after the year from  testator death Jolliffe v crew smell v do you ub sup so in all case unless  otherwise direct Gibson v Bott Ves where legacy charge on land or a fund yield  immediate profit and no day of payment mention interest from death of testator  so as to legacy charge on land spurway v Glynn Ves shirt v Westby Ves Davies v  Davies than but contra as to legacy out of a personal fund though yield profit  Pearson v Pearson Sch l Gibson v Bott Ves Webster v hale Ves otherwise from  the year after testator death Bilson v sander bun Maxwell v Wettenhall p wms  Lloyd v William atk Beckford v tobin ves but where the legacy make Payable at  twentyone if legatee attain that age and not otherwise no interest allow nor  the principal secure till twentyone palmer v mason atk Atkinson v turner atk  Haughton v Harrison ibidem heath v very atk if legacy give on a contingency  with a devise over and the contingency do not happen the interest to go with  the residue butler v butler atk trevanion v Vivian ves Hawkins v comb bro Ch  Rep Wyndham v Wyndham bro Ch Rep Shawe v Cunliffe bro Ch Rep and where a  bequest of a residue to a infant by way of present gift and over in case of  death under twentyone the interest in the mean time shall be pay and only the  capital go over tissen v tissen p wms shepherd v Ingram Amb Nicholls v Osborn  p wms chaworth v Hooper bro Ch Rep be in the nature of a present absolute  bequest defeasible on the happen of a certain event videlicet die before  twentyone but a distinction be take by Thurlow chancellor in Descrambes v  Tomkins Cox cite in shaw v Cunliffe bro Ch Rep between a bequest of the nature  last mention and a feature gift e g to be pay at twentyone with a devise over  in case of legatee die before twentyone in which case interest not allow and  it appear indeed to be a general rule that a legacy Payable in future shall  not carry interest till time of payment and apply to infant legatee the  exception to the rule be as follow parent and child a residue and when from  special circumstance e g a view on the part of the testator to the condition  of the legatee a intention to give interest clear appear Terrell v Terrell Ves  in which case the rule as apply to infant be acknowledge but rather submit to  than approve see the exception to this rule more full state and the case  collect in note that to Harvey v Harvey p wms and representative of infant  legatee of vest legacy die before twentyone shall take immediate if interest  direct if not must wait till legatee will have attain twentyone for the  principal and then no interest Crickett v dolby Ves and see Launde v William p  wms as to the rate of interest a distinction seem former to have prevail  between legacy or portion charge on land and on personal estate and no rate of  interest mention in the will in the former case no more than pound per cent or  one per cent less than the legal interest give in the latter the legal  interest Swynfen v scawen ves Bryant v speak ibidem more v more on a rehear  atk say vide guillam v holland atk wood v Briant ibidem which be the case of a  portion give by a father to his child who be entitle to the residue of her  grandmother estate and only pound per cent allow but pound per cent be now  clear the general rule of the court in all case Lewis v freke Ves jun which  however be the case of a power to charge and pound per cent charge sitwell v  Barnard Ves Vernon chancery case er p Vernon chancery case de term S michaelis  car two in curian porter