case van v clark July the saint SC cite Ves Com Rep m c by her will devise to  g his heir executor c all that her message in great Lincolnsinn field with all  her furniture household stuff c and all her real and personal estate not  otherwise dispose of to the intent that out of the say real and personal  estate her several legacy may be pay and then give to Thomas Lewis pound in  trust for the use of his daughter mary and he till she attain the age of or be  marry to place out the same at interest and pay it with the produce thereof to  his daughter for her own use on her attain the age of or marriage which shall  first happen the pound direct to be pay to Thomas Lewis within one year and a  half after her atkins er p decease the infant die before the time of payment  to the trustee the legacy not raisable for her representative Thomas Lewis die  in the lifetime of the testatrix and mary Lewis half a year after unmarried  bill bring by the representative of mary to have the pound pay to he dame mary  craven by her will devise to Godfrey clark his heir executor and administrator  all that her message or tenement in great Lincolnsinn field with all her  furniture picture except householdstuff c and all her real and personal estate  not otherwise dispose of as also all her mortgage stock in the bank or any  other company and the residue of her personal estate not otherwise dispose of  to the say Godfrey clark in trust for the purpose herein after mention  videlicet to the intent that out of the say real and personal estate so devise  her several legatee may be pay videlicet to Thomas Lewis she give pound in  trust to and for the use and behoof of his daughter mary Lewis and declare her  intent to be that the say Thomas Lewis his executor and administrator shall  until the say mary Lewis shall attain the age of eighteen or be marry which  shall first happen place out the pound at interest upon good security to be  approve of b the testator sister jane Beacher and also that the say Thomas  Lewis shall from time to time put out at interest the interest of the say sum  as the same shall from time to time arise to a fit sum for that purpose which  pound with the interest and produce thereof the say dame mary craven direct  Thomas Lewis his executor or administrator shall pay to the say mary Lewis for  her own use and benefit upon her attain her age of eighteen or marriage if  that shall first happen and make Godfrey clark executor and residuary legatee  she likewise direct the pound to be pay to Thomas Lewis the trustee within one  year and a half after her decease atkins Thomas Lewis die in the lifetime of  the testatrix mary Lewis die about half a year after the testatrix unmarried  the bill be bring by the plaintiff as representative of mary Lewis to have the  pound pay to he the defendant Godfrey clark the executor and residuary legatee  of lady craven admit personal asset sufficient to pay the pound but submit to  the court if the plaintiff pound be entitle and his counsel insist that the  house in Lincolnsinn field be in the first place charge with this and that it  be not a charge mere on the personal estate but on the mix fund of real and  personal and therefore the legatee die before the day of payment it ought to  sink accord to the case of paulet v paulet Ventr and vern and and smith v  smith vern Yates v Phettiplace vern carter v Bletsoe vern and prowse v  Abingdon e t vide ante pl that here be no vest clause only a direction to the  executor to pay at a certain day so that the time be annex to the substance of  the legacy not mere to the day of payment dyer marginal note Swinbourne for  the representative of mary Lewis be cite the case of Wilson v Spencer January  wms where the testator order all his just debt funeral expense and legacy  shall be discharge out of his personal estate as far as that will go and in  default of that order his executor to raise pound out of his real estate  within twelve month after his decease which pound he give to a and charge all  his real estate therewith a die within the twelve month and yet decree to be  raise that if the trustee have receive it in the present case it must certain  have go to the representative of mary Lewis and that it must be consider as  entire separate from the estate and never to come back to the executor and  cite the case of Pinbury v Elkin vern and Jones v Westcomb Prec in Chanc where  a devise be hold to be good though the time of payment be uncertain and the  contingency never happen in opposition to the rule of civil law which have be  cite e contra that die making indistinct creating compose and also the case of  corbel v palmer Eq ab pl S c February where the residue be to be divide among  six at the death of the wife of the testator two die before the wife and hold  by Lord Talbot that the interest of the two who die be a vest interest and  transmissable to their representative and do not depend on the legatee survive  the wife and Whalley and Cox Eq ab pl S c march there I S make his will as  follow I give and bequeathe to r plumer pound to be pay within three year  after my decease to put the same out to interest and to pay the interest and  profit thereof to my niece atkins er p atkins Whalley for her separate use and  after her decease in trust to pay the interest thereof c I give pound thereof  to h r son t Whalley and the other pound to her son c WhalLev the mother mrs  Whalley and the son Thomas both die within the three year and yet the master  of the roll decree that the whole money shall be pay it be charge on both fund  real estate as well as personal but it be admit that the personal estate be  sufficient Lord chancellor the infant die before the time of payment to the  trustee I be of opinion make this legacy not raisable for the benefit of the  plaintiff her representative if a legacy be give out of a personal estate  Payable see Steadman v Palling post vol at a certain time or if give at a  certain time and interest see Atkins v hiccock ante fonnereau v fonnereau post  vol in the mean time it be a vest legacy but the rule of this court as to  legacy out of real estate be otherwise for if give at a certain time or  Payable at a certain time yet if the legatee die before the time be come it  sink into the inheritance so when a legacy be give out of a mix fund of real  and personal estate at a certain lime or to be pay at a certain time see  prowse v Abingdon ante Baycot v cotton post Richardson v grief post vol  attorney general v milner post vol Mr Cox note to the duke of chandos v Talbot  p W and Butl   Litt a the construction be the same as if give out of a real  estate only there be but a slight difference between the case of legacy give  at a day or Payable at a day but the distinction be adhere to only to give a  consentaneous jurisdiction with the ecclesiastical court nor be there any case  that I know of to warrant a distinction between legacy give out of a mix fund  of real and personal estate and out of real estate only see Reynish v Martin  post vol if the infant have survive the year and half for the death of the  trustee make no distinction it will have be extreme clear she will have be  entitle to the legacy or if she have die after the time aforesaid and before  eighteen or marriage her representative will have be entitle but if this have  be mere personal as she die within the year and half her representative can  not have be entitle for the whole gift be in the direction of the payment  which make that the substance in the present case it be not a legacy mere out  of a personal estate but out of both fund and the real charge in the first  place by the testator express direction videlicet her estate in great  Lincolnsinn field and this construction be more agreeable to atkins the  intention of the testatrix as the sum be intend clear as a portion for mary  Lewis and the court always go as far as it possible can to hinder the raise  portion out of land for the benefit of representative and the end of this bill  be plain for this purpose his lordship dismiss the bill but without cost  easter term