case GARBUT v hilton November the that at the roll S c Ves p d devise to I g  daughter of t g pound provide she marry with the consent of her fatherland  mother or the survivor of they I g before marriage and during the life of her  father and mother bring her bill against the executor to have this legacy pay  the father and mother by their answer consent mark riage here a condition  precedent plaintiff therefore too early and bill dismiss atkins v hiccock post  Ves S c Pullyn v ready post vol Elton v Elton will Ves S c post vol S c  Hemmings v munckley bro Charles Rep Philippa down devise inter alian as follow  I give and bequeathe unto jane Garbut daughter of Thomas Garbut the sum of  pound provide she marry with the consent and approbation of her say father and  mother or the survivor of they and make defendant Hilton executor in trust for  infant who be the residuary legatee jane Garbut before marriage and during the  life of her father and mother bring her bill against the defendant as executor  to have this legacy pay allege it be a vest interest and the proviso of  consent only in terror there be no devise of this legacy over if she shall  marry otherwise the father and mother be make defendant to the bill who  consent the daughter shall have the legacy pay to her the master of the roll  this be the first bill of the sort that ever hear of for a legacy give on  marriage before any marriage have it be not to be consider as a condition mere  to create a forfeiture if she shall marry without consent but be double first  appoint the time when the legacy shall be due and second some circumstance to  be observe and though the court may in particular case dispense with the  circumstance yet it must keep to the first the appointment of the time if the  word have stop at provide she marry it will not have vest till then and add  the circumstance of consent can vitiate the whole condition every case cite  establish this general doctrine and marriage be actual have in all of they the  present a limitation of time annex to the substance of the legacy and a  condition precedent to the vest which time be not come and consequent the  plaintiff application be too soon be honour therefore dismiss the bill