case PINBURY versus elkin all Lord chancellor July pre Ch S c one by will give  all his land money c to his wife provide if wife die without issue then pound  shall remain to his brother after his wife death the brother die in the life  of the wife vide post can where it be decree the legacy good Giles Davis a  clothier in Com glouc July have no issue devise to Hester his wife all his  land and tenement money clothes and yarn to be free by her possess and enjoy  provide if the say Hester die without issue by the testator Giles Davis that  then pound shall remain to his brother John Davis after her decease and make  Hester his wife executrix the testator die without issue and have no land or  tenement either freehold or leasehold but possess only of a personal estate  consist chief in money clothes and yarn Hester marry the defendant Elkin John  Davis die in the life time of Hester and make a will and one wright executor  who assign the pound to the plaintiff Vernon chancery case the plaintiff bill  be to be pay the pound defendant Elkin admit sufficient asset of his wife but  insist the plaintiff be not well entitle to the pound first because John Davis  die in the lifetime of Hester second because the devise of the pound be to  arise upon too remote a contingency videlicet upon Hester die without issue by  the testator as to the first objection it be insist by the plaintiff counsel  that although John Davis have but a possibility or contingent interest and  such as they admit he can not transfer or assign over yet such possibility  will go to his executor or administrator and for that purpose cite the case in  Ventris a anonymous case devise to I S at the age of twentyone and if he die  before that age to a and b and the survivor of they a and b both die in the  lifetime of I S then I S die under the age of twentyone the administrator of b  who survive a obtain a decree for the pound although b die before the  contingency happen yet it shall go to his administrator as to the second  objection it be insist that the will be to be construe accord to the vulgar  understanding of the testator who be suppose foe be weak council and not  accord to a legal acceptation of the word and in common parlance or accord to  the vulgar acceptation a man be say to be dead without issue when he have no  issue live at the time of his death and it be not to be understand of a future  time when the issue he leave at his death may afterward happen it may be one  hundred year after to die without issue and therefore the defendant counsel  will have it to be the same as if it have be provide she shall die without  issue live at the Vernon chancery case time of her decease and a remainder or  devise over upon a contingency that be to happen within the compass of life be  a good devise or limitation over even of a personalty or of a sum of money or  chattel personal Vernon chancery case er p Lord chancellor as to the first  part seem doubtful whether the devise of the pound be not personal to the  brother if he survive the widow as to the second point not to be maintain that  the devise over be good after the wife die without issue by the testator nor  can the court supply the word live at the time of her decease but the question  be whether there be not word sufficient in the will to show when he intend the  contingency to arise the pound be make Payable after her decease the word  after to be take the same as at her decease or immediate after her decease as  to the first point by the civil law it be a rule lie down in Swinburne that  when a legacy be Payable at a time uncertain as at the death of the testator  wife or the like if the legatee be then dead it be not to be transmit to the  executor but be a lapse legacy