base versus grey July S c vern I g in court a annuity c limit in remainder see  vern vern Chanc c Chanc r Chanc r salk sir James grey be possess of a annuity  of pound per Ann for year out of the exchequer on his marriage covenant with a  and b to pay this pound to his wife for her separate use and after the death  of either of they then to the survivor for life and after the death of both to  the child or child to be beget between they and in default of such child or  child then to his own executor and administrator for the residue of the term  sir James and his lady have issue one only son who live to five and then die  and after the death of sir James and his lady the plaintiff take out  Administration to the son and bring this bill against the executor Gilbert  report er p of sir James and his lady for this annuity the son seem to have  survive sir James and his lady and it insist by Mr Vernon that the limitation  to the executor and administrator of sir James be void be after a limitation  to the child or child which be the same as if it have be limit to the issue  and a settlement of a term on trustee in trust to permit the father to receive  the profit for as many year of the term as he shall live and after to permit  the mother to receive the profit for so many year as she shall live and then  in trust to permit the child or child or issue to receive the profit for the  residue of the term will bear no limitation over in default of issue or child  in case there be any one in be no more than such a limitation of the term  itself will be good for this will be to revive and introduce all the  inconvenience of a perpetuity which have be so long since explode and the  trust of a term must be limit in the same manner as the term itself will bear  a limitation but the chancellor say this be by way of covenant no more pass  out of he than to serve the use express and it not a Gilbert disposition of  the annuity itself but only a covenant to pay the pound in such manner and  since it be never divest out of sir James he will not on this bill by any  pretence of equity tear it out of he or his executor and so dismiss the bill  though he do not at a dispute the case if it have be a land or the trust of a  term settle in such manner that the remainder will not have be good but here  it only a covenant to pay the pound and not the annuity itself which be think  by some at the bar to be a overnice distinction but this decree seem to be  reasonable because the administrator come for a specific performance of the  covenant and that he can it do who be not original in contemplation or intend  to be provide for by the covenant but that the term have actual be vest to  these use then the interest of the term be vest in the child and the heir of  his body as it must be if the settlement have be draw accord to the covenant  then it must have go to his administrator