case comb versus comb June under marriage article pound part of pound vest in  trustee be to be pay to such son as shall live to attain the age of when and  at such time as he shall have attain the age of the old son attain his age of  but die before Lord Hardwicke hold that he become absolute entitle to the  money and the time of payment only be postpone to the age of Bryan comb have  one son name Bennet and in he intermarry with a second wife previous to that  marriage and in consideration thereof article be enter into whereby it be  agree that the sum of pound which be the fortune of the wife together with the  sum of pound which come from the husband shall be vest in the hand of trustee  on the follow trust that the pound shall be put out at interest in the name of  these trustee and that they shall pay the interest thereof to Bryan during his  life and after the death of Bryan that they shall pay the interest of the sum  of pound to Ann for her life for her jointure and in full satisfaction of her  dower the trust be further declare to be that after the death of Bryan the  trustee shall employ so much of the interest of the remain pound as they shall  think fit in the maintenance and education of such child and child as Bryan  and Ann shall happen to have and leave behind they and that the surplus of the  interest of that pound if any shall be put out and continue to carry interest  under the same trust as be hereafter mention relate to the other money the  trust be further declare that after the death of Bryan and Ann and the  survivor of they the trustee shall pay this sum of pound to such son of the  body of Ann by Bryan to be beget as shall live to attain the age of when and  at such time as such son shall attain the age of the trust be far declare that  the trustee shall out of the interest of the pound in the mean time employ and  pay so much thereof as they shall think convenient for the maintenance and  education of such son and that they shall employ the residue of the interest  of the pound for the benefit of the other child of that marriage in such  manner as Bryan shall by any write under his hand and seal appoint and in  default of such appointment that the trustee shall pay the residue of the  interest of the pound unto such of the child of that marriage except the old  son as shall attain the age of the trust be further declare that as for and  concern the remain pound the trustee shall pay the same unto the child of that  marriage other than the old son in such proportion as Bryan shall appoint and  in default of such appointment that the trustee shall pay this sum among the  child atkins share and share alike at their respective a ei of or marriage  which shall first happen the trust be further declare to be that in case there  shall happen to be only one son of this marriage or in case the other child  shall happen to die before they shall attain their age of or marriage that  then the trustee shall pay the residue of the interest of pound to the old son  of that marriage and upon this further trust that in case there shall happen  to be no son of that marriage or if such son shall die before they shall  attain the age of that then the trustee shall pay the same to such daughter as  shall be of that marriage in such proportion as Bryan shall appoint and in  default of such appointment the trustee shall pay the same to those daughter  share and share alike and upon this further trust that in case there shall be  no child of that marriage the trustee shall pay the sum of pound to such  person as Bryan shall appoint then come the follow proviso provide always and  it be further agree by and between all party to these present and hereby so  declare that the say sum of pound shall be lie out in a estate as soon as  convenient may be and that such estate which shall be purchase with the say  pound shall be purchase in the name or name of the say Francis Bennet and  Henry Humber and Ann the intend wife or the survivor of they or such other as  they shall nominate direct and appoint and that the say estate so to be  purchase when the same shall be purchase shall be under the same trust and to  the same use and limitation and subject to the same proviso condition and  agreement which be herein declare and appoint of for and concern the say sum  of pound to this deed a schedule be annex of the several mortgage and other  security of which the consist atkins er p soon after this deed be make the  marriage take effect and by this marriage there be issue a old son name Bryan  and there be a second son name Joseph and two or three other child after the  marriage pound part of the pound be lie out by the trustee in the purchase of  land all the land be feesimple except a small part thereof which be a  leasehold estate that leasehold estate consist of a long term the purchase of  it be pound and it be buy before the feesimple estate be Ann die in Bryan the  father die in Bryan the son be then of the age of who live to attain his age  of but die before he be on the death of his father have enter upon the land  which be purchase b that the trustee Joseph become his heir at law and the  present bill be bring by he against Bennet comb against the young child atkins  of the second marriage and against other pray that he may have the benefit of  the estate which be so purchase by the trustee and that the pound agree to be  lie out in land for the benefit of the old son of the second marriage may be  consider as land Lord chancellor say his opinion be that the plaintiff be not  entitle to this part of the prayer of the bill he say the only question of  weight in the cause be whether this be to be consider as a real or personal  estate and this be a matter of some nicety consider the manner in which the  article be frame but two question have be make in the present cause first  whether this be to be consider in equity as money and second suppose that it  be whether it ought to be consider as a vest interest in Bryan the son on his  attain the age of with regard to the second of these question his lordship say  it may be throw out of the case for his opinion clear be that this be a vest  interest in he upon his attain his age of the word of the article be that  after the death of Bryan comb and Ann his wife and the death of the long liver  of they that the say trustee shall pay the say sum of pound part of the say  pound to such son of the body of the say Ann by the say Bryan comb beget or to  be beget as shall live to attain the age of year when and at such time as such  son shall have attain to the age of year complete it have be object by Mr  Floyer that this be a mere direction for payment of the money to such son as  shall attain his age of and that the word relate to the son attain his age of  be only part of the description of the person who be to take see chandos v  Talbot Cox p W har   Litt a n prowse v Abingdon ante vol stedman v Palling  post vol and it be indeed true that in this clause of the article there be no  particular direction concern the vest of the pound but the word relate to it  only direct the payment of the money and therefore if this have be a legacy  give by a will the party will not have be entitle to it in as much as he die  before his age of but be these article to receive this construction that it  shall not be consider as a vest interest in Bryan by reason that he die before  his age of it will defeat the whole intention of the article it be indeed true  that the article be odd pen for though they seem to be general and to relate  to all such son as shall live to attain the age of and that the money shall be  pay they when they shall attain the age of yet the old son be only mean in  those word and when there be a old son that attain his age of he become  absolute entitle to the money and the time of payment be postpone only to his  age of atkins the other question his lordship say be more difficult but as far  as he be able to form any judgement his opinion be that this must be consider  as money notwithstanding the general determination of these case be to the  contrary see Weedon v fall ante in the ordinary one of this nature the  original and primary intention of the party appear to be that the money shall  be lie out in land and the other direction about vest it in the hand of  trustee be only temporary provision till that can be do but what be the method  take in the present case in the first place the whole sum of money be  immediate vest in the hand of trustee and then the article carve out certain  proportion of the money direct in what manner it be to be apply pound be to be  pay to the old son and the pound for the benefit of the young child in such  manner as the article direct there be likewise a direction give atkins er p  concern the interest how that be to be dispose of and after this be do then  follow the proviso which create the doubt in the present case provide always  and it be far agree by and between all the party to these present and hereby  so declare that the say sum of pound shall be lie out in a estate as soon as  convenient may be and that such estate shall be purchase with the say pound in  the name or name of the say Francis Bennet Henry Humber and Ann the intend  wife or the survivor of they or such other as they shall nominate direct and  appoint and that the say estate so to be purchase shall be under the same  trust and to the same use limitation and intention and subject to the same  proviso condition and agreement which be herein declare and appoint of for and  concern the say sum of pound it be indeed true that the proviso direct this  money shall be lie out in the purchase of a estate but then it express declare  that the estate so purchase shall be under the same trust as be appoint  concern the sum of pound this be a plain direction that the land shall be take  as money consider this then upon the intention of the party as there be the S  I direction about invest the pound it be impossible to be conceive that it can  be their intention that the land which be to be purchase with the pound shall  always be consider as land and go to the young child and their heir atkins the  plain intention of these article certain be that the money shall only be lie  out in land in order to make it more permanent and secure and that the land  shall be sell again when the child shall have occasion for their money and his  lordship be please to decree accord decree that the sum of pound agree to be  settle by the say article be part of the personal estate of the say Bryan  Coombe the son Reg lib a fol