a devise a estate to his wife for her life and after to the plaintiff his  niece and her heir upon condition and to the intent that she pay pound to such  person as his wife by her will in write or any other write shall direct and  appoint and die the wife after marry a second husband and then make a will in  write and thereby recite the power give her by her former husband be will  appoint the pound to be pay to her husband his executor or administrator and  that when he shall have full receive the pound he shall pay out of it to b  pound to c and pound to d and make her husband her executor and then go on and  say that she have publish this her last will and testament in the presence of  three witness and the husband subscribe that he do approve of this will  afterward the husband die before her and make her executrix of his will and  residuary legatee then b and c die both intestate and afterward the wife die  and the defendant take out Administration to her with the will annex and also  Administration to b and c and the question be whether this appointment be make  by will and the appointee die before the appointor this shall be in the nature  of a legacy and so the appointment void the testatrix survive the nominee and  my Lord keep hold that if it be a thing pure testamentary equity case abridge  it will be plain a lapse legacy but that in this case the pound be not in its  own nature testamentary but they take as nominees and it be but the execution  of a trust and decree the money to be pay mich burnet and Helgrave e make her  will and devise in these word I give unto my love kinsman r h the sum of pound  the pound part whereof he do owe I which I do intend to give to my cousin S h  his young daughter but my will and desire be that he will give the say pound  to his daughter S h all the time of his death or soon if there be occasion for  her better advancement and preferment the testatrix at the make of her will be  in England and it so fall out that r h die in Ireland eight day before the  death of the testatrix afterward S h die at the age of sixteen and un equity  case abridge er p