case goodal versus river in court Lord chancellor S c W Kel the trust of the  term be on failure of issue male out of the rend c or by sale c to raise  portion for daughter Payable at or marriage and maintenance till their portion  grow due to be pay by half yearly payment videlicet Christmas and saint John  baptist the first payment to be make at the first of those feast next come or  happen after the estate so limit to the trustee shall take effect in  possession the father die without issue male leave a daughter who attain her  age of it be adjudge that her portion can not be raise in the lifetime of the  mother because the maintenance be to precede the portion and that be not to be  raise till after the death of the father and mother when the term come into  possession Mr attorneygeneral for the plaintiff by article of intermarriage  date the that of February subsequent to the marriage of sir George river with  dame mosely report er p Dorothy Feveshram but which be recite to have be agree  upon before the marriage recite that whereas certain land be charge with a  portion of pound Payable to the say dame Dorothy at her age of twentyone year  or marriage and whereas she be entitle to pound under the statute of  distribution as a moiety of her father personal estate and the land therein  mention sir George river covenant in consideration of the marriage and her say  portion and for make a provision for her and the issue of the mosely report  marriage that he and his heir will within six month convey and assure the land  therein describe of the value of pound a year to trustee and their heir in  trust to the use of himself for life then to dame Dorothy his wife for her  life then to the first and every other son of the marriage in tail male and in  default of issue male and if he shall have issue female then to the trustee  and their heir or to the heir of the survivor of they in trust to sell  mortgage or otherwise dispose of a sufficient part of the say premise the  manor of Chaford cum appurtenance except for raise pound for her portion if he  have but one daughter pound if he have two and pound if he have three or more  daughter to be equal divide between they and to be pay to they at their  respective age of nineteen or marriage which shall first happen with interest  for their maintenance and education after the rate of pound per cent from the  death of sir George or dame Dorothy which shall first happen till the say  portion become Payable as aforesaid the saint of April sir George river in  pursuance of the say article settle the land therein mention in trust for sir  George for life remainder to trustee to preserve contingent remainder  remainder to dame Dorothy for life for her jointure remainder to the first and  every other son of the marriage in tail male remainder to trustee for five  hundred year without impeachment of waste remainder to the right heir of sir  George and the trust of the term of five hundred year be declare to be that in  default of issue male of sir George by the say dame Dorothy the say trustee  shall and may either by and out of the rend issue and profit after the  commencement of the say term or else by demand sell mortgage or otherwise  dispose of the say premise or any part thereof other than the manor house and  park for five hundred year or for any lesser term or estate when and in such  manner as they or the survivor of they or the executor or administrator of  such survivor shall think fit levy and raise the sum hereafter mention for  proportion and maintenance of daughter if one only who shall attain her age of  nineteen year or marry pound if two pound if three or more pound to be equal  divide between they and the yearly sum for their maintenance and education  from the death of sir George or dame Dorothy which shall first happen till  such daughter shall attain the age of nineteen year or marry that be to say  pound a year for one pound for two and pound for three or more during such  time as there shall be one two three or more daughter live after the death of  sir George or dame Dorothy which shall first happen to be equal divide among  they and the say portion be to be pay to the say daughter at their respective  age of nineteen or marriage or as soon after as they can be raise and the say  yearly sum for their mosely report maintenance be to be pay from the death of  sir George or dame Dorothy which shall first happen till their portion become  Payable provide if sir George shall survive his wife and shall well and  sufficient maintain and educate his daughter accord to their quality and with  the approbation of the trustee till their age of fourteen then no maintenance  shall be raise till they respective come to fourteen provide also that the  power give to the trustee of sell or mortgage shall not injure the estate  limit to dame Dorothy but that she shall not enjoy the same for her life dame  Dorothy die in march leave two son and six daughter one of the daughter be  since dead and both the son the survivor of they on the that of October and  the five daughter the young of who be twenty year old and three of they marry  with their husband bring this bill against sir George river and the trustee to  have the portion raise by a sale of the reversion with interest from the death  of the survive brother at which time they be above the age of nineteen year in  this case it be the plain intention of the party that if the mother die the  portion shall be raise in the father lifetime the portion be to be raise at  marriage or nineteen and they be to have maintenance in the mean time either  out of the rend and profit or by sale and mortgage and though it can be raise  the first way till the estate come into possession yet it may the other way  and this case stand clear of the objection that be make in the case of broom  and Berkeley decree in the house of lord march the that there the trust be on  failure of issue male mosely report er p by and out of the rend issue and  profit or by absolute sale or lease or otherwise to raise the portion Payable  at twentyone or marriage and to raise and pay yearly sum for their maintenance  and education until their portion grow due to be pay by half early payment  videlicet Christmas and saint John the baptist the first payment t begin and  be make at the first of those feast next come or happen after the estate so  limit to the trustee shall take effect in possession so the maintenance be to  precede the portion and that be not to be raise till after the death of the  father and mother but this case be the contrary the maintenance be express to  be raise after the death of either father or mother till they arrive at the  age of nineteen year or marry and so this case be within all the precedent for  the sale of a reversion Mr solicitor general it plain appear to be the  intention of the party that whenever there be a failure of issue male of the  marriage and mosely report either the father or mother dead that the portion  shall be raise there be no direction in the article to raise the portion by  the rend issue and profit because the whole estate be limit to sir George and  dame Dorothy for life the estate can not come into possession while either  live and therefore on the death of one of they they make the only possible  provision for raise a maintenance and portion by give a power to the trustee  to sell or mortgage so our application be proper if the question rest on the  article and the settlement do not depart material from they it limit a term to  trustee for five hundred year on failure of issue male instead of a fee but  this be no material difference if the term be sufficient for raise these  maintenance and portion or if it be a material one as the settlement be make  in pursuance of the article the intention of the article must rule govern and  control the settlement or explain any thing ambiguous in it the trust of the  term be to arise in default of issue male and be for raise portion and  maintenance either out of the rend c or by demising sell c which extend to all  way of raise and the word after the commencement of the say term have a  different meaning in this case from what they bear in the case of butler and  Dunscomb vern there they introduce the declaration of the trust of the term as  failure of issue male do here so there the term must first commence in  possession here the issue male must fail before the trust can arise and  therefore in that case the court adjudge that they govern the whole trust and  must first happen here they be make use of in a different manner and for a  different purpose and be plain not relative to the whole trust but to that  part of it either by or out of the rend c but then the trust be not confine to  that method but go on or else by demising c which be indefinite and not  confine to the term in possession and in this too the settlement differ from  the article which be to control it beside the portion be to be raise when they  marry or come to nineteen year of age when those time arrive nothing be  contingent but the maintenance be likewise to be raise from the death of sir  George or dame Dorothy till they arrive at nineteen year of age or marry the  maintenance be to arise immediate on the death of the one or the other yet the  whole estate will survive to the other for life so the plain intention of the  party must be that they shall be raise by sale or mortgage so that if the  portion can be raise by any of the method of this trust the daughter have a  right to apply to the court for that purpose and the intention of the party be  further explain by the proviso in favour of sir George if he educate the  daughter no maintenance be to be provide till they be fourteen which imply if  he do not educate they the mosely report maintenance be to be raise while they  be under fourteen and after they come to fourteen even that privilege cease  and the next proviso suppose the wife may survive that by their sale or  mortgage the trustee shall not prejudice her estate which though it be a  abundant caution plain suppose there may be a sale or mortgage in her lifetime  Mr lutwych for the defendant I admit that article enter into after marriage on  a consideration which the husband will not otherwise have be to be look upon  as article on a valuable consideration but here sir George be possess of all  the portion dame Dorothy bring before marriage and there be no instance where  the court have decree portion to be raise by sale of a reversion by a  voluntary settlement they say it appear to be the intention of the party that  the reversion shall be sell or mortgage both for the maintenance and the  portion as the maintenance be to be pay every half year or at the end of every  year there must be a half yearly or annual mortgage or sale which will be very  strange and what be never mosely report er p know to be decree for maintenance  so that if the settlement be capable of any other construction the court will  avoid this absurdity and not decree a sale of the reversion which be always  very injurious to the estate and in this case will be a total disinherison to  those in remainder they say the word after the commencement of the term refer  only to the rend and profit but in this construction they signify nothing for  nothing can be raise out of the rend while the estate for life be in be nor  till the term come into possession but I think they extend to the whole trust  and the court will put this construction on they to avoid the inconvenience of  sell the reversion which then will not be saleable by the authority of the  case of butler and Dunscomb but if this construction be with they still there  be leave a great latitude to the trustee by the word when and in such manner  which leave the convenience of time to they then if the case turn on what be a  reasonable and convenient time since the trustee have submit it by their  answer to the judgement of the court they will not think it convenient to sell  during the life of the father and when must signify that if it be inconvenient  the trustee shall have a liberty to defer the sale and though the portion be  to be pay at a certain time there be many case where it have be adjudge that  the daughter must wait till the tenant for life die as broom and Berkeley  mosely report Lord chancellor this case stand clear of all the authority that  be against the sale of a reversion and it be plain from several decree that a  reversion may be sell for daughter portion though the court always decree a  sale with great reluctance these article be not to be consider as voluntary  between the party whatever they may be with respect to creditor by the article  the estate in remainder after failure of issue male be a interest vest though  subject to be defeat by the tenant in tail and the trust be express to sell  mortgage or otherwise dispose of which take in all manner of conveyance if  there shall be daughter and no issue male for their portion Payable at  nineteen year of age or marriage with interest after the rate of per cent from  the death of the husband or wife therefore the party plain intend the trustee  shall raise the portion and interest by any method for the maintenance be give  from the death either of the husband or wife which shall first happen it be  plain they take notice that one may be alive and then since the whole estate  be limit to each of they how can it otherwise be come at while either be alive  but by sale or mortgage in the settlement there be some variation from the  article a term of five hundred year be limit in remainder after a estate tail  instead of a fee and the trust be to arise on default of issue male which have  happen so that both the term and the trust of it to raise these portion and  maintenance have begin if the trust be to begin on the commencement of the  term I shall have understand those word when the term come into possession but  the commencement of the trust be fix before and therefore the meaning of those  word must be if the term be commence you shall raise they out of the rend and  profit if it be not by sale or mortgage and the word can be carry to the other  disjunctive the word when and in what manner only signify that the estate  shall be sell together or in parcel as the trustee think fit so if the  intention can be pursue the court be to follow it and there be no possibility  of put any other meaning on the word the pound be to be pay at nineteen or  marriage and till then they be to have maintenance which be to commence from  the death of the husband or wife and which other way can it be raise and the  inconvenience be no objection since the party provide it shall be so in case  either mosely report of the husband or the wife death which have happen and  this be further confirm by the proviso that the maintenance shall not be raise  till the daughter come to their respective age of fourteen year if the father  maintain they by which it plain appear that maintenance be to arise in his  lifetime in case of a personal default on his side and be to be pay till the  portion be Payable and the clause in favour of the jointure show the party  think it may be raise in the lifetime either of the one or the other so the  plain intention of the party be that the daughter shall have a maintenance  either on the death of the faffier or mother till nineteen or marriage by rend  and profit if the estate shall come into possession if not by sale or mortgage  so I be of opinion the portion be to be raise with interest from the death of  the survive brother by a sale of the reversion W Kelynge er p W Kelynge report  a report of case in chancery the king bench Etc in the four five six seven and  eight year of his late majesty king george the second during the time when  lord king be Lord high chancellor of great Britain and the lord raimond and  lord Hardwicke be Lord chief justice of England to which be now add about  seventy additional case by William KELYNGE of the Inner temple Esq W Kelynge  case adjudge in chancery