case BALGUY versus hamilton at the chancellor house Lord chancellor eoden die  mr Hamilton by his will direct that his personal estate shall be sell and turn  into money and put out at interest that his wife Ann shall have pound a year  out of the produce of it and that when and so soon as his only daughter and  child Ann shall attain her age of twentyone year that then his wife shall have  pound per annum instead of the pound then the will go on item I give and  bequeathe to my daughter Ann all my personal mosely report estate whatsoever  she pay the say pound a year and the legacy therein bequeathe and I make my  wife her guardian and she be to receive the residue of the interest maintain  my daughter thereout but if my say daughter die before her age of twentyone  year then my will be that my wife shall have pound and that on payment of the  same she shall give a discharge for her say annuity and that then and  immediate from and after my say daughter decease without issue of her body I  give and devise all my personal estate to my brother James Hamilton he pay the  say sum of pound to my wife if then live the testator die and Ann the daughter  die a infant without issue and the wife be since dead and the only question be  whether the devise over to the brother be good or whether the whole personal  estate vest in the daughter and on her death shall go in a course of  distribution to her next of kin Mr solicitor general for the defendant the  first disposition to the wife of the pound be indisputable good and the word  and that then and immediate c be plain relative to the precede word and as the  devise to the brother be introduce with those word so it be finish with the  precede burden of pound with this addition if the wife be then live and there  can be no doubt on the whole clause but that the testator mean if she die  without issue before twentyone and not if she die without issue indefinite and  so the limitation over be good and the case of Martin versus long vern be a  authority in point Lord chancellor the only question be whether the devise  over be good a devise of a personalty after a die without issue be certain  void and it be as certain good after a die without issue in a limit time now  the word of this will can hear no other construction but if the daughter die  without issue before twentyone first the whole estate be devise to the  daughter and the whole interest to the wife part as a annuity for herself and  part for the daughter maintenance the first contingency be general if she die  before twentyone year of age the wife be to have pound but who be to pay this  pound the brother so that the latter word must have the same construction and  the will be to this purpose if my daughter die without issue before twentyone  my brother be to have the whole estate he pay my wife pound the wife be to  have the pound if the daughter die under twentyone and the brother be to pay  it if she die without issue mosely report the estate must come to he at the  same time as a fund out of which it be to be pay Ant Cas post Cas Friday July  the that appeal and rehear