case Graydon against hickes LincolnsInnHall December refer to knight v Cameron  Ves doubt ewing v Addison W r a by will give to his daughter l to be pay at  twentyone or marriage provide she marry with consent of executor if any of the  executor die condition void S c atk John Graydon by will devise in these word  I give to my only daughter mary Graydon the sum of one thousand pound to be  pay her at the age of twentyone year or day of marriage which shall first  happen provide she marry with the consent of my executor but in case she die  before the money become Payable on the condition aforesaid then I give the  same one thousand pound equal between my young son Benjamin and Gregory  Graydon the plaintiff and make three executor all the executor die before the  marriage of the say mary Graydon one of the defendant by the name of mary  hickes and the defendant mother who be survive executrix make her will in the  beginning of which she give the defendant mary hickes all her dressingplate  gold watch with several other specific legacy and in the middle of her will  she say item my will be in case my daughter mary shall marry before she attain  the age of twentyone year without the consent of my executor first have and  obtain under his hand and seal if he be live that then she shall not be  entitle to any part of the legacy which I have hereby give her but that her  whole share shall be equal divide between my son Benjamin and Gregory Graydon  and in the latter part of the will devise the residue of her personal estate  to the say Benjamin and mary equal and make her old son John Graydon executor  the son renounce the executorship and Mr Timewell one of the defendant take  out administration to mary Graydon the mother and administration to John  Graydon the father de good non the defendant mary the daughter marry before  twentyone without consent of John Graydon the executor name by the mother will  the bill be bring for a account and to have the one thousand pound legacy give  the defendant by her father and the specific modern report legacy and share of  the residuum give by the mother as devisees over if the defendant mary marry  without consent before twentyone which she do with the defendant hickes Lord  Hardwicke decree that the one thousand pound in the father will be not forfeit  the executor be dead before the marriage of the defendant mary before  twentyone the condition to marry with the consent of my executor joint the  executor be all or any of they dead will become impossible and the condition  be subsequent be annex to the time of payment and not to the legacy itself and  when condition subsequent become impossible by the act of God modern report er  p the performance of the condition be excuse and the estate absolute a see  Harvey v Aston atk S c comy Rep S c case t t a   light to this purpose be the  two follow case not long ago decree in the case of Peyton v bury b Peyton v  bury Peer wms see also Jones v Suffolk bro c c b upon a appeal from the roll  James Peyton give by will the sum of one thousand pound to his mother for life  and after her death devise the same to his niece provide she marry with the  consent of two person name in the will with a devise of the one thousand pound  over to one of the person name to give consent and die and the niece the  legatee marry without the consent of the survivor and upon a bill bring by the  niece and her husband for the legacy the master of the roll decree for they  for it be a personal trust and to be perform by both person joint and not by  one single the condition be impossible by death which be a unavoidable act of  providence and the legacy absolute in the case of fountain v heart a person  give a legacy to a and in case she marry without the consent of his executor  he devise it over one of the executor die and though a marry without apply to  the executor who survive for his consent the legacy be decree to a and her  husband because it be now impossible to marry with the consent of both  executor one be dead and the restriction become impossible to be comply with d  see upon the subject of this case porter v fry Chan case Aston v Aston vern  gillet v Wray Peer wms Semphil v Bayley Prec Chan pullen v ready will  Underwood v morris atk Daly v Desbouverie atk Elton v Elton will Rhenish v  Martin atk Wheeler v Bingham atk S c will long v Dennis burr Hemmings v  munckley bro c c Scott v tiler brown c c d the question upon the mother will  be whether the specific legacy be forfeit as also the defendant mary share of  the residuum brown for the defendant argue that such condition be become  impossible and can not be perform accord to the modern report letter of the  will for by the son renounce the executorship there be then no executor to  have the consent of and therefore the legacy unforfeited the chancellor say  this objection be not well ground for the condition be not annex to the office  of executor but the say executor be a description of the person only and land  be often give to a man by the name of executor that this be a personal power  give to he not as executor for it be say if he shall be live and do not  require his take the office of executor upon he and as there be a devise over  not only the specific legacy but also mary share of the residuum be forfeit  for the condition affect they both the clause be general and not limit to  either in particular and as far from one as the other for it be in the middle  that though the testatrix can not speak all her word at once yet the whole  will shall be understand to be speak at the same time and to be but one entire  thing and the condition to extend to every part of it as it be not tie to  either the specific legacy or residuum in particular and the residuum be as  much a legacy as the gold watch c