case butler a infant by his guardian plaintiff and freeman and John butler  defendant June SC cite Ves b give all the rest and residue of his personal  estate to his grandson at and if he die before that age then to f who he make  his executor the grandson be not entitle to the interest arise from this  residue but must accumulate till he arrive at see heath v very atk and note  the grandfather of the plaintiff by will after direct his debt and legacy to  be pay give all the rest and residue of his personal estate to his grandson  the plaintiff at his age of twentyone and if he die before that age then to  the defendant freeman who he make his executor atkins er p the plaintiff have  bring his bill for the interest of the residue to be pay to he during his  infancy the defendant freeman by his answer insist that the plaintiff be not  entitle to it unless he attain his age of twentyone but that it ought to  accumulate and if the plaintiff die before twentyone that it will equal be to  the defendant with the residue the defendant John butler the father of the  infant insist that the residue must be confine to what the testator leave at  the atkins time of his death and that the interest make after his death ought  to be consider as a indispose part and go to he as the next of kin to the  testator accord to the statute of distribution or if the court shall be  against he in this point that then he be entitle to receive it for the  maintenance of the plaintiff the plaintiff counsel argue that the interest  ought to follow the principal as the shadow do the substance and therefore  that the devise of the residue will carry it and cite the case of green versus  ekins December atk the counsel for the defendant freeman insist this be a  contingent devise to the plaintiff and as it do not vest till his age of  twentyone he can be entitle to the interest but that it ought to be receive by  a trustee in the mean time and place out in real or government security for  the benefit of the plaintiff if he come of age if not for the benefit of the  defendant freeman the remainderman the counsel for butler the father insist on  the same point as be already state by the answer of the defendant Lord  chancellor I be of opinion that the plaintiff be not entitle to the interest  that arise from this residue and though the word rest and residue must be  confine to what shall be find at the death of the testator after his debt  funeral expense and legacy be pay yet that the interest ought to accumulate  till the plaintiff arrive at his age of twentyone and as often as it amount to  a competent sum to be place out by a trustee appoint by the master I be not  quite so clear how this interest will go if the accident shall happen of the  plaintiff die before twentyone whether to the representative of the plaintiff  or to the defendant freeman but see green v ekins ante atk note and if there  have be occasion shall have be glad the case have be look into and argue over  again but as this question may never arise since the plaintiff may live to be  twentyone there be no necessity for another argument at present as to the  defendant John butler claim I be of opinion he have no right to the interest  because the testator have give all the rest and residue of his personal estate  so that he can be say to have leave any part undisposed and consequent can  atkins have no title to it as next of kin under the statute of distribution  for as the devise of the residue be contingent it not vest till the grandson  age of twentyone the interest be so likewise and must accumulate in the mean  time nor can the defendant butler by the rule of this court entitle himself to  it as maintenance for the infant because it be give by a grandfather to a  grandson upon a contingency of attain his age of twentyone and as nothing be  say how the produce of it shall be apply he be not entitle as a grandson to be  maintain out of the produce the law of nature oblige only father to maintain  their child and unless the child from the mean circumstance of the parent be  in danger of perish for want the court will not direct the interest that shall  be make of a contingent legacy to be apply for that purpose so that unless the  parent be total incapable or under particular circumstance as have a numerous  family of child and be border upon necessity the law of the land and of nature  make it incumbent upon the parent to maintain his child so Jackson v Jackson  ante l atk fawkner v Watts ibidem Darley v Darley atk roach v Garvan Ves Hugh  v Hugh bro Charles Rep Andrews v Partington bro Charles Rep so a mother marry  to a second husband be not oblige to maintain her child by her first husband  Billingsle v Critchet bro Charles Rep nor be the second husband bind to  maintain those child tubb v Harrison durn east vide Coomes v Elling atk I be  counsel in the cause of Acherley versus Vernon p wms where the testator Mr  Vernon have leave pound to the plaintiff his niece to be pay her at her age of  twentyone and she insist that the interest of this money ought to be allow for  her maintenance and Lord Macclesfield who direct this cause to be argue only  by one counsel of each side be of opinion that the interest in this case ought  to follow the principal for it be a vest legacy and Payable at twentyone but  there it be a sum of money separate and detach from the rest of the estate and  a vest legacy here it be a contingent one and not a specific sum but of the  residue of his personal estate which make a difference between the case and  the father likewise in the present case possess of a good estate and in  considerable circumstance atkins er p therefore his lordship declare that no  part of the testator personal estate be undisposed of the testator by his will  have make a distribution of all the rest and residue of his personal estate  decree the interest which have arise upon the residue of testator personal  estate since his death or which may arise to be pay into the hand of a trustee  to be lie out in real or government security as often as it shall amount to a  competent sum and that the plaintiff shall be at liberty to apply for the  surplus and such interest at his age of Reg lib a fol