case Northey versus Burbage coke Eq Abr c and c S c pale yellow Eq Rep S c Mod  wms S c and vern vezey atk brown Rep cowpers Rep vern salk by a devise to  child and grandchild none can take but those who be in be at the time of the  make of the will unless there be future word which show the testator intent a  grandchild of a freeman of London can come in for a share by the custom in  this case it be say by the counsel and agree to by the court that a devise to  all his child and grandchild extend only to those who be in be at the time  when the will be make for then the will speak and none bear after be to be let  in unless there have be future word in the will to all his child or grandchild  which shall be bear or be live at his death dly that a grandchild be not  within the custom of London to come in for his father or mother share together  with the other child of a freeman and this have be settle by the present Lord  chancellor vern where a deed by way of provision for a grandchild be make by  the grandfather after the father death in order to introduce he into his  father place be set aside as make in fraud of the custom against the survive  child Vid atk wms dly the testator in the principal case be a freeman of  London by his will in write declare that precedent in chancery he have give  pound to one pound to another and so to other of his child in full of their  orphanage part by the custom of London yet this very declaration let they in  bring those sum into hotchpot to their full customary share of the whole but  whether the sum mention in the will shall be take to be the whole of what the  testator have give they or if the party concern be at liberty to prove more  pay to they be the great question and the court seem inclinable to let they  into the proof thereof thly a devise of pound apiece to two of his grandchild  by name and if either of they die their share to go to the survivor and if  they both die then their share to their mother one of they die in the lifetime  of the testator yet his share go by the express word of this will to the other  grandchild and be hold to be no lapse legacy vern wms wms case tempt Talb and