a by settlement after marriage create a term of year in trust by mortgage or  sale to raise pound for the portion of each of his daughter provide they marry  with their mother consent and then direct a yearly sum to be pay out of the  rend c until they marry and if any shall die before marriage with such consent  her portion to cease and the premise to be exonerate thereof and if raise in  whole or in part then to be pay to the person to who the premise shall belong  and afterward by will he create another TrustTerm to raise pound whereout  pound to be pay to each of the daughter in augmentation of their fortune but  subject to such condition as in the settlement and by a codicil in pursuance  of a power of revocation he create another TrustTerm for the better raise of  his daughter portion a die leave two daughter b and c b after twentyone marry  d and c before twentyone marry e and both without the mother consent the  daughter and their husband bring a bill against their mother and brother to  have their portion and additional fortune and to have the real estate apply  towards payment of the same allege that upon their respective marriage their  portion become Payable e c s husband die whereupon they bring a bill of  revivor and a decree be make by consent with liberty to apply c and now d and  his wife and c prefer their petition for payment of their portion d offer  therein to settle his wife be fortune and they insist that the land be  sufficient to answer the daughter additional portion the master of the roll on  time take to consider c observe that the clause in the settlement declare that  if any shall die before marriage with such consent that her portion shall  cease be insist upon to be a good disposition of it but his honour say that  this be not a sufficient disposition within the meaning of those case that  allow a limitation over to be good for this be not to take place upon marry  without consent but upon die before marriage with such consent and be no more  than provide for daughter die unmarried he take it all along that if they  marry they will do it with consent that here do not appear to be any person in  the testator view to who these fortune shall go over as there do in all the  case where those limitation over be allow the intent be as clear in those case  to give it over upon breach of the condition as that upon performance of it  the first taker shall retain it that though these portion be charge upon land  yet there be no distinction between condition annex to money charge upon land  equity case abridge and condition annex to portion arise out of the personal  estate and portion by will be due by the ecclesiastical law notwithstanding  such condition as this annex to they portion by settlement though under the  like condition be likewise due by the law and rule of this court and therefore  his honour think the daughter well entitle to their portion and order d to  make proposal before the master as to the settle his wife be fortune and that  the fortune of c shall be pay to her e her husband be dead mich Geo Hervey and  Ashton can in Eq tempt Talbot Comynss Rep east Geo SC say that on a Apeal from  this decree it be hold that a s daughter be not entitle to their portion by  this settlement unless on their marriage with their mother consent and Lord c  b comens who be call in to assist the Lord Chan ita his argument say that  marriage with consent of a mother or trustee be a condition precedent that  must be perform before the daughter can be perfect entitle to the pound to be  raise by the trust of this settlement and say that the reason on which he  ground his opinion be saint that it be the right and liberty of the subject  who make a voluntary disposition of his own property to dispose of it in what  manner and upon what term and condition he please this he believe will be  universal allow dly that it be a fix and settle maxim at law that if a estate  in land or interest out of the land be limit to commence upon a condition  precedent nothing can vest or take effect till the condition perform and this  be so strong and so settle a point that it hold although the previous Act be  at first impossible or after become impossible by the Act of God or other  accident the estate can never vest this be in   light and he say be a rule so  well know that he need not cite case to prove equity case abridge er p it and  his lordship say a three reason which influence he to this opinion be that it  be most agreeable to the rule of equity to direct the execution of the trust  accord to the intent of he who create the trust it be say a trust be construe  favourable and it be true it be construe with as much advantage as may be to  make good and answer the intent and design of the party but it be construe  strict with regard to the execution of the trust and therefore it will be a  strange thing when the trust direct the trustee to pay the money at the time  of the daughter be marriage with her mother consent that the court shall  direct they to pay the money before that time thly but that it be a argument  of no small weight in his lordship opinion that the restraint in the present  case be not only lawful but prudent and reasonable and no consequence more  likely to ensue from it than the hindrance of a inconsiderate or imprudent  marriage the lord c I lee and will who assist the Lord Chan Hardwicke upon  this appeal be of the same opinion his lordship be please to concur and  thereupon the decree at the roll be reverse ibidem in the case of limitation  over it be admit that a personal legacy give on a condition precedent not to  marry without consent shall be lose if the condition be break say per Lord c b  comens in the case of Hervey and Ashton Comynss Rep e what Act shall be say TO  be a performance or satisfaction OF a condition Vid Eq can Abr p c