case John brown appellant margaret Byrne widow respondent that April a by will  give a legacy of pound to b Payable on her marriage day and direct that any  bind or note leave by he in the hand of b s father shall go in discharge pro  tanto of the legacy the testator have in fact deposit sundry security but the  statute of limitation have run upon they in his lifetime on a bill file by the  legatee after her marriage she be hold to be entitle to the legacy and  interest without deduct the value of the deposit security because they can not  at the time of the testator death be apply in satisfaction of the legacy  within the intent and meaning of his will decree of the Irish chancery affirm  the admission of the appellant seem to form the most material feature of this  case it therefore scarce warrant the conclusion draw from it George brown Esq  the appellant elder brother be seize as tenant in tail with remainder over to  the appellant of a considerable real estate in Ireland and possess of some  leasehold land hold for term of year as well as of other personal estate duly  make his will date the that of April and thereby among other legacy and  bequest give and bequeathe to the respondent by the name of the honourable mrs  Margaret Birmingham daughter of the right honourable the Lord Athunry a legacy  of pound in the word follow videlicet item I leave to the honourable mrs  Margaret Birmingham daughter to the right honourable Lord Athunry who have  live in my family since her infancy and for who I have a great tenderness as I  have for every one of my Lord Athunrys and my dear lady Athunrys child I say I  bequeathe her the sum of pound on her marriage day and my will be that any  bind or bind and judgement or cashnote Payable to I and now subsist which I  give or bestow to the say honourable mrs Margaret Birmingham leave her by  letter or any other instrument in write in Lord Athunrys hand or otherwise  shall be deem and take for so much as part of the five hundred pound bequeathe  to the say honourable mrs Margaret Birmingham by this my will and shall for so  much go in discharge of the say five hundred pound and the testator appoint  the appellant sole executor of his will who after his death duly prove the  same brown the testator in his lifetime have give or deposit several bind note  and other security to or for the benefit of the respondent which he design and  direct as aforesaid shall go for so much in discharge of the say pound legacy  and soon afterward die indebt to many person to a great amount and the  appellant apply all his personal estate so far as the same will extend in the  payment of his debt but there be a great deficiency the appellant in regard to  the memory of his brother voluntary take upon himself the payment of all his  debt and secure the same by charge they on his own estate soon after the  testator death and before the appellant can know the state of the testator  affair or receive any information concern the security give or deposit for the  benefit of the respondent she by her next friend in march exhibit her bill in  the court of chancery in Ireland against the appellant for a account of the  testator real and personal asset and to have her say legacy pay though the  same be then only a contingent right and not vest the appellant put in his  answer to this bill and thereby say that notwithstanding he be advice that he  never will be liable or subject to the say legacy or any part thereof the  personal estate of the testator be no way sufficient to discharge the  judgement debt owe by he at his death and the testator real estate be  specifical devise to the appellant yet in regard to the memory of his brother  and the particular esteem which the appellant have for the respondent he be  Willing as he always have be to discharge the say legacy in the same manner as  prescribe by the testator will and as soon as the contingency happen the  respondent in intermarry with George Byrne Esq whereby the suit become abate  and soon afterward the say George Byrne die and the suit never be revive  either by the respondent and her say husband during his lifetime nor brown er  p by the respondent since his death but instead thereof the respondent depart  from her say suit in the court of chancery and to put the appellant to great  expense she on the that of may exhibit her original bill against the appellant  in the court of exchequer in Ireland state the bequest of the say legacy to  her and that the same be a charge on the testator real as well as personal  estate and be become due and Payable on her say marriage and also state her  former bill in the court of chancery and the appellant answer thereto and  charge that the appellant have thereby and by several letter and otherwise  promise payment of the say legacy and likewise that the testator be possess of  several valuable lease as well as other personal estate more than sufficient  to pay his debt and legacy particular the respondent legacy and therefore pray  that the appellant may discover and come to a account for the testator real  and personal estate and that the say legacy may be pay brown the appellant by  his answer to this bill insist as the truth be that his brother have not leave  sufficient asset to pay his debt much less his legacy and that the appellant  have pay in discharge of his brother debt more than all his asset amount to by  pound and upward and with respect to his answer put in to the respondent  former bill in chancery he confess that he leave a answer without oath in the  hand of his brother Henry brown to the bill file by Peter Daly Esq as next  friend to the respondent but with instruction to the say Henry brown not to  file the same until Denis Daly Esq have first get into his hand all such bind  note and security as be deposit in the hand of Lord Athunry or any other  person by the testator in trust for the respondent it be at that time confess  that there be such by the say Denis Daly and that the appellant believe he may  have submit to pay the say legacy in the manner and liable to such account as  direct by the will be then inform there be in the hand of Lord Athunry and  other security sufficient to discharge the say legacy and it be upon that  account and no other that he sign such answer and the appellant further insist  that the value of the bind note and security in the hand of the respondent and  Lord Athunry which have be conceal from he ought to be take as part of the  legacy the respondent reply and the cause be at issue many witness be examine  for the respondent touch the testator real and personal estate and publication  pass no witness be examine by the appellant but by consent of party several  order be make enable the appellant to read at the hear several deed article  will and write therein mention as if the same have be prove and also a cross  bill file by the appellant and the answer thereto have just exception the  cause come on to be hear on the that of may when the court decree to the  respondent the legacy of pound give her by the testator will with interest for  the same from the time of her marriage in November and that the remembrancer  of the court or his deputy will state and settle a account between the  respondent and the appellant of the interest due on the say legacy and that a  account shall be take of the personal estate of the testator and the nature  thereof and to who hand the same come and how it have be apply and of the  testator debt owe at the time of his decease and that he shall also inquire  whether any bind or bind or cashnote Payable to the testator and subsist at  the time of the will give or bestow by the testator to the respondent or leave  her by letter or any other instrument or write be lodge in the hand of the  Lord Athunry or the respondent or of any other person in trust for her and  what be pay in discharge of they and to who upon which account all party be to  have just allowance and if any thing appear difficult to report it special  brown and on return of the remembrancer report such further order shall be  make as shall be fit in consequence of this decree the appellant full prove  before the remembrancer that he have pay in discharge of the testator debt  more than he have receive by pound and upward and that the testator have in  his lifetime give or deposit to and for the benefit of the respondent several  security to a considerable amount which ought to go in discharge of so much of  the say pound legacy all the account direct by the decree be take the  remembrancer make his report date the that of November and thereby certify  that the say legacy of brown er p pound be due to the respondent and for  interest thereof from that November to that may after the rate of pound per  cent per and the sum of pound S which be add to the say principal sum of pound  amount to pound S that the appellant have pay in discharge of the say interest  pound sterling which be deduct from the say pound S there remain due to the  respondent for principal and interest pound S that the testator personal  estate consist of several particular in the schedule thereto annex mention  amount to pound d beside two bind of pound each therein mention to be  desperate that the debt due and owe by the testator at his death amount to  pound S and that the appellant have pay on account of the testator debt and  funeral expense several sum mention in another schedule amount to pound S d  that a cashnote for pound perfect by John brown of Westport Esq date that may  and Payable to the testator or order on the death or marriage of the say John  brown but not endorse by he be enclose in a letter write by the testator to  the respondent date that may which be seal up in a wrapper also seal and  direct on the back to be keep by the Lord Athunry unopen till after the death  of the testator and that the say John brown of Westport execute to the  testator another note in may for pound Payable to the testator or order on the  day of the death or marriage of the say John brown which shall happen soon on  which say note be endorse the word follow pay the content to mrs Margaret  Birmingham date that may which note of pound each the appellant agent have  insist shall go in discharge or in part satisfaction of the say legacy under  the testator will in case the court shall be of opinion that the say legacy  ought to be account for by the appellant but that the respondent agent have  insist that neither of the say note ought to be charge to the respondent the  statute of limitation have incur against the note which be seal up in Lord  Athunrys hand and the other note never be in the respondent custody or power  but whether the say two sum of pound each make pound ought to go in discharge  of the say legacy be by the remembrancer submit to the judgement of the court  brown on the that of may the cause be hear on the special matter of this  report when upon hear the report read and on read the deposition of the say  John brown of Westport although the read thereof be object to by the appellant  the court decree that the say special point shall be rule for the respondent  and that the report shall be absolute confirm and the respondent be thereby  decree to receive the sum of pound S report due for principal and interest of  the say legacy with interest after the rate of pound per cent per and from  that may to which time interest be compute by the report to be totted up by  the remembrancer to that day and the remembrancer have totted up the say  interest to the amount of pound S which be add to the say sum of pound S make  together the sum of pound S the same be decree to be pay by the appellant to  the respondent with interest after the rate of pound per cent from that day  until the same be pay and that the respondent shall have and recover her cost  of the suit and accord make up and enrol the say decree from this last decree  the appellant appeal insist t clarke king Evans that the will do not give the  respondent pound to be pay absolute and in all event but on her marriage day  and express direct the amount of any bind judgement or note leave in Lord  Athunrys hand or otherwise for the respondent shall be deem and take as part  and go in discharge of the say pound and even as to so much of this legacy as  agreeable to the will shall eventual become Payable the respondent can only be  entitle to have the same pay in common with other legatee in a due course of  administration and after all the testator debt be satisfy that the suit  institute by the respondent in be premature improper and vexatious be  institute before any right be vest in her while the bequest rest in  contingency and it be utter uncertain whether she will ever become entitle to  any part of the legacy that the submission in the appellant answer to that  bill be a voluntary and generous offer and such as he be not in any manner  oblige to make and the nature and effect of that offer be only to dispense  with the objection which he may otherwise have make to the payment of the  legacy if ever it become due on account of the deficiency of asset by submit  to pay so much of the legacy as shall become due notwithstanding such  deficiency but in every other respect the brown er p respondent right be leave  in the same condition as it stand by the testator will which express direct  that the security therein mention shall for so much go in discharge of the  pound legacy that it appear in the cause that security be give to or deposit  for the respondent to a considerable amount and if the same or any part  thereof be never recover such loss it be apprehend ought to be bear by the  respondent who in all event be only to have the residue of the pound after  deduct the amount of those security and even brown for such residue the  appellant be not personal liable as he appear by the report to have overpay  the asset by near pound and his offer in the former suit be only to pay it in  the same manner as prescribe by the will and as soon as the contingency happen  but this offer such as it be be in effect waive by the respondent when she  institute a new suit in the court of exchequer and it seem to be so consider  by the court as the first decree direct a account of asset and a inquiry  concern the security and accord such inquiry be make and the account take the  final decree however make in consequence of the report do not seem to be upon  the whole well warrant for it charge the appellant personal with the payment  of the whole pound and interest without have any regard to such security as it  be apprehend ought to be deduct thereout and without have regard to a total  want of asset it moreover charge the appellant with the whole cost of suit  without any regard to the respondent behaviour which from the year have be  remarkable and unnecessary vexatious and without regard to the great expense  occasion by the long inquiry and examination concern the testator asset which  all turn out in favour of the appellant on the other side it be say W Murray c  York that it appear by the appellant answer to the bill in bring by the  respondent during her minority for a satisfaction of this legacy that the  appellant admit himself liable to pay it and thereby in express word allow the  legacy and he do accord after the respondent marriage on which event it become  due pay one year interest that there be no colour to say that the bind or note  pretend to be give to the respondent by the testator in his lifetime can now  be apply in satisfaction of the legacy for the appellant as executor receive  the money due upon the bind on which judgement be enter up but if he have not  still he be the only person entitle to do it and the respondent have offer to  assign all her right title and interest in the bind and as to the note it  appear by the account of the testator personal estate produce by the appellant  that nothing can be recover upon either of they at the time of the testator  death for John brown be marry in and the testator live till so that the remedy  be bar by the statute of limitation consequent the note can not be consider as  subsist security at the time of the testator death to be apply in satisfaction  of the legacy within the intent and meaning of his will but suppose the remedy  have not be bar by the statute the respondent can not avail herself of these  note one of they which be allege to be endorse to her never have be in her  custody or power and the other be unendorsed can only be put in suit by the  executor who have refuse to receive or sue for the content of it it be  therefore hope that the decree will be affirm and the appeal dismiss with cost  brown accord after hear counsel on this appeal it be order and adjudge that  the same shall be dismiss and the decree therein complain of affirm and it be  further order that the appellant shall pay to the respondent pound for her  cost in respect of the say appeal jour vol p