case Pleydell widow and executrix of John Pleydell plaintiff Randolph Pleydell  and Champneys Pleydell defendant Lord chancellor Macclesfield Eq can ab pl  devise of pound to a and if a die without issue then to b this be good and  must be intend if a die without issue live at his death vide Nicholls v Hooper  ante and note to Atkinson v Hutchinson post Vol III the plaintiff bill inter  all be to have the direction of the court touch two several sum of pound and  pound devise by the will of John Pleydell her late husband the case be thus  John Pleydell have no issue by the plaintiff Elizabeth his wife have two  brother the defendant Randolph and Champneys Pleydell and by will date may  give all his money and security for money to the defendant his say brother in  trust to pay pound to his wife absolute and to pay the interest of all the  rest of his money to his wife for her life after her death he give the  interest of pound part of the residue to his brother Randolph Pleydell for his  life then to his first son Payable to he until he shall attain his age of at  which time he be to be pay the principal sum of pound but if such old son  shall die before his age of then the testator devise the interest of the say  pound to the second son of the say Randolph Pleydell until his age of and then  to pay he the principal sum of pound and in case of his death before to the  three four c son of the say Randolph Pleydell in like manner peer William he  also give the interest of another sum of pound to his say other brother the  defendant Champneys Pleydell for his life and after his death the interest to  go to the first son of this Champneys until his age of when the principal sum  be to be pay he but if it shall happen that his first son shall die before his  age of then the interest to be pay to the second son of Champneys until his  age of at which time the principal sum of pound be to be pay to such second  son but if he shall die before to the three son after which come a clause that  if either of the say testator brother the defendant Randolph or Champneys  Pleydell shall die without issue in such case his share be to go to the  testator right heir and the testator make his wife executrix and residuary  legatee peer William er p the cause be hear before the master of the roll who  decree that as to the say two sum of pound and pound if the defendant Randolph  and Champneys Pleydell shall die without issue live at their death then the  share of he or they so die shall belong to the right heir of the testator John  Pleydell and not to the plaintiff Elizabeth the executrix but if it shall  happen that the defendant Randolph and Champneys Pleydell shall die leave  issue which issue shall also die before the age of I in such case these share  shall sink into the residuum of the testator personal estate from this decree  the plaintiff appeal to the Lord chancellor insist that if either of the  defendant Randolph or Champneys Pleydell shall die without issue his pound  shall go to the plaintiff the executrix and residuary legatee and not to the  heir of the testator John Pleydell for that the limitation of this pound to  the right heir of the testator after a peer William death without issue be too  remote a possibility in case of a limitation of money for which I cite vent  Broadhurst and Richardson and love and windham case side as also several other  in pollexfen report vide from fol to fol Lord chancellor there be a great  difference between a limitation of a trust of a term for year in such a manner  as that all power of alienation may be thereby restrain and consequent a  perpetuity introduce and a limitation of a trust of a sum of money which may  be subject to more remote contingency for in the latter case I shall think a  bind to pay a sum of money upon the death of a b without issue of his body  will be good and for the same reason the trust of money limit upon such  contingency will be allow also vide the case of Pinbury and Elkin ante however  the proviso in the present case must be take and understand of a death without  issue then live which be the common meaning of this expression and though in  case of a devise of land to a man and if he die without issue then to I S this  will give a estatetail videlicet to the issue of the devisee and so successive  to the late posterity yet such construction be contrary to the natural import  of the expression and make pure to comply with the intention of the testator  which seem to be that the land devise shall go to the issue and their issue to  all generation but notwithstanding this it will be very strange to put a force  construction upon word contrary and repugnant to their usual import and only  to defeat the design of the testator by frustrate that estate which he intend  to give but whether this remainder shall go to he that be now right heir of  the testator with vern Danvers v earl of Clarendon or to such as shall be so  at the time when either of the defendant Randolph and Champneys Pleydell shall  die without issue then live let the consideration thereof be respite till that  contingency happen when it will be proper to make such heir a party to this  bill Reg lib b but in shepherd v Lessingham Oct now report in Amb Lord  Hardwicke observe that in Pleydell v Pleydell the former limitation be to son  the die without issue must mean such issue I e son and that case therefore do  not turn on any general doctrine that the construction of die without issue be  different in limitation of personal estate and of real as state by p William  pollen v husband peer William er report date peer William case pollen versus  sir John husband et all Lord Macclesfield equity will assist a composition of  a debt if obtain without fraud and upon a fair representation vide Cann v Cann  ante the plaintiff be executor and devisee in the will of the late sir John  husband and receive the personal together with the rend and profit of the real  estate but in a suit in equity touch the say will be decree to be but a  trustee he be order to account with the defendant for what he have receive of  the trust estate and upon the account be report indebt pound to the defendant  afterward on a appeal to the lord this decree be affirm whereupon pollen stand  out all process of contempt flee beyond sea and while he be abroad a  accommodation be set on foot by which it be agree that pollen shall pay a  small sum to the defendant sir John husband who thereupon be to release and  indemnify he from the creditor of the late sir John husband peer William er p  after this pollen be threaten with suit by some of the creditor bring his bill  for a specific performance of the agreement and that the defendant shall  pursuant thereto indemnify he against the creditor of the late sir John  husband object that there be not sufficient reason in this case to extend  theaid of a court of equity in favour of pollen who have act a ill part  throughout saint in set up title in his own right when he be but a trustee dly  in turn his back upon justice and fly beyond sea dly in put the defendant to  straight and difficulty by detain their just debt from they and then take  advantage of those difficulty in make they comply and take small sum in  satisfaction of much great for all which reason it be peer William say to be  very proper to leave the plaintiff to make the most at law of his composition  but not to give he the least aid in equity Lord chancellor it must be admit to  have be in the power of sir John husband to make a composition of this demand  and to release if he have so please the whole debt it be very lawful either  for the plaintiff to ask a composition or for the defendant sir John husband  to grant it wherefore all that equity ought to guard against be only that no  fraud be use in obtain the release or composition but this case be strong as  it be the defendant sir John husband who first propose and desire the  plaintiff to come into the composition on the other hand Rawlins the agent of  pollen put every thing in a true light and the defendant husband declare he do  not desire to drive the plaintiff from his family and country beside pollen  have get out of the reach of justice it may be for the benefit of the  defendant to accept of this though a small composition so that there be a fair  representation on the plaintiff side and a just compliance by the defendant  and in a great measure execute by the plaintiff let the defendant sir John  husband execute his part of the agreement and indemnify the plaintiff against  the debt of sir John husband the testator