case Lord Sidney beauclerk and topham beauclerk his son versus doctor mead  executor of richard topham Esq james mead and james pierce executor of lord  chief justice reeve April a will be ambulatory till a testator death nor till  then can money direct to be lie out in land be consider as land a testator say  as to the rest and residue of his land c his will be that the annual profit  shall be equal divide between Mr reeve and Lord Sidney and say nothing about  the personal estate by all the rule of grammar as well as law the word rest  and residue must relate to something that go before and where the testator  call it by the name of real estate can never be say to affect his personal  Richard topham Esq by his will date the d of June devise all his freehold and  copyhold land manor rend tenement and hereditament whatsoever lie in the  borough of new Windsor c in the county of Berks or buck to his sister Arabella  beef for life without impeachment of waste remainder to trustee to preserve  contingent remainder remainder to the first and every other son of the body of  his say sister remainder to the use of the heir female of his say sister and  for default of such issue to Thomas reeve Esq for his life and from and after  his decease to the Lord Sidney beauclerk for his life remainder to trustee  during Lord Sidney life to preserve contingent use remainder to the first son  of Lord Sidney body and the heir male of the body atkins of such first son  with like remainder to every other son of Lord Sidney body and several  remainder over and as to his leasehold estate he desire that it may go to the  same person and for the same estate as his freehold be limit as far as by law  it may and make Arabella reeve Lord chief justice reeve and doctor mead his  executor the surplusage of his personal estate he desire may be lie out in the  purchase of land of inheritance to be settle to the same use as his freehold  land be above settle by a codicil date the that of June he give to the  plaintiff Lord Sidney a annuity or rentcharge of pound per and to commence  from and immediate after the testator death until the estate limit to he and  the heir male of his body shall come to be possess by he to be pay quarterly  which annuity shall be issue out of the testator freehold land whereof the  remainder be limit to the say plaintiff and the heir of his body and recite  that he have by his will after the decease of his sister Arabella reeve and in  default of issue male and female from her body devise all his freehold and  copyhold land manor c lie in the borough of new Windsor c to Thomas reeve Esq  during his natural life he say now my will be that in case the say Thomas  reeve and the say Lord Sidney beauclerk shall survive the say Arabella reeve  that then my dwellinghouse c shall immediate come to the say Thomas reeve to  be enjoy by he for his sole use during the term of his natural life and after  his decease to the same person respective as his land but as to the rest and  residue of his land tenement and hereditament by the say will give to the say  Thomas reeve for and during his natural life the testator will be and he  thereby devise limit and appoint that the annual profit of the same shall from  and immediate after the decease of his say sister be equal divide between the  say Thomas reeve and Lord Sidney beauclerk share and share alike during their  joint life and his will be that the annuity or yearly rentcharge of pound per  and be take and account as part of his dividend of the say annual profit of  the say land tenement and hereditament the will and codicil be prove by Thomas  reeve alone in his lifetime and there be a surplus of Mr Tophams personal  estate consist of pound bank stock and about pound upon a mortgage in the name  of Richard topham and Thomas reeve which stock and money on mortgage continue  till after the death of Lord chief justice reeve who die the that of January  and make his will and thereof the defendant atkins James mead and pierce  executor and receive the dividend and interest of the say stock and mortgage  during his life from and after the death of the say Arabella reeve and after  his death the defendant doctor mead as survive executor of Tophams will prove  the same and become possess of the say bank stock and receive the money due  upon the mortgage Richard topham die in September and Arabella reeve die the  that of September atkins er p this cause be hear upon bill and answer and the  only question in it be whether the plaintiff Lord Sidney beauclerk be entitle  to a moiety of the interest and profit of the surplusage of Tophams personal  estate during the lifetime of the Lord chief justice reeve and from and after  the death of Arabella reeve Lord chancellor to judge of the word and likewise  of the intention of the testator it be necessary that the will and codicil  shall be take together and it be observable in the first place that all the  charge in this will relate mere to the freehold and copyhold land if consider  mere upon the word and take abstract without any regard to the design or  intention of the testator there be no colour in the world to say that they can  extend to make any disposition of the profit and produce arise out of the  surplusage of his personal estate for the rest and residue of his land  tenement and hereditament can never mean any thing more than the rest of the  real estate of Mr topham but then it have be insist on for the plaintiff that  the word of the will be not to carry much weight in the consideration of the  court but the will must be construe in conformity to the intention of the  testator which appear pretty plain to have be that Lord chief justice reeve  and Lord Sidney after the death of Arabella reeve shall take in moieties and  that if a man make a will and dispose of land that such devise will pass not  only what the law will pass but what atkins equity passes likewise which be  money direct to be lie out in land see green v smith ante vol Guidot v Guidot  post vol but I be of opinion this construction can never prevail without the  utmost force and torture of the word I allow that the rule lie down by the bat  that money direct to be invest in land must be consider as land be very right  but then it be true say the will must be complete for it be ambulatory till  the testator death   Litt b duke of Marlborough v Lord Godolphin Ves nor till  then can it be consider as land for will not his personal estate have be  subject to all intent and purpose to his debt suppose there have be any  notwithstanding the devise that the surplus shall be invest in land suppose Mr  topham have give by his codicil all his land to another person and his heir  can any body doubt whether this will not have make a total variation as to the  devisees under the will thus much for the word next for the intention of the  testator now it be very far from be clear to I that it be his intention that  the interest and produce of the surplusage of the personal estate during the  joint life of Lord chief justice reeve and Lord Sidney shall go in moieties to  they in the same manner with the rend and profit of the real estate but  possible it may be doubIful what his intention be in this respect and then it  will come to this question whether he have use proper word to manifest such  intention and if he have not the law must take place when in the codicil he  begin with a recital of the word of the will that he have devise all his  freehold and copyhold land manor rend tenement and hereditament g that he  shall not likewise take notice of the money direct to be vest in land and  settle to the same use be extraordinary suppose it to be his intention as the  very plaintiff counsel contend that the interest and produce of it shall go in  moieties till lie out in land the word rest and residue must be take by all  the rule of grammar as well as law to relate to some thing that go before see  Ves Grayson v Atkinson will roe v Harvey burr Tilley v Simpson durn east note  Ridout v pain post vol and note and it be absurd to say that this part of  Tophams estate which be now in question in the cause shall be equal affect  whether the testator call it by the name of his personal or his real estate  beside too when the testator in the codicil say that the annuity or yearly  rentcharge of pound per and above grant to Lord Sidney beauclerk shall be take  and account as part of his dividend of the say annual profit of the say land  tenement and hereditament how can it have be imagine that the testator will  have with so much nicety and care provide atkins against Lord Sidney encumber  the real estate by his demand on account of the rentcharge when Lord chief  justice reeve may so easy have satisfy the annuity out of the interest and  produce of the surplusage of atkins er p the personal estate if it have be  Tophams intention this shall likewise have go in moieties the bill dismiss