case green versus rod in court Lord chancellor I devise to my wife all my land  money c to be free by her possess and enjoy provide if she die without issue  by I that then pound shall remain to my brother after her decease the  limitation over of the pound be good the second point in the case be whether  the legacy be not lapse by the death of the legatee before the contingency  happen Swinburn be of opinion that it be but that author though general clear  be so perplex on that head page and the resolution in Ventr which be  subsequent in time be contrary on consider both I think that notwithstanding  swinburn opinion the legacy in this case be not lapse but be transmissible  notwithstanding the death of the brother before the wife Mr solicitor general  for the plaintiff mr Darle make his will and thereby devise inter all all the  rest and residue of his good chattel money debt plate corn grain and implement  of husbandry to his sister mary who he make sole executrix of his will but he  declare that his will and meaning be that his good householdstuff and  implement of husbandry and the farm in which he live for the remainder of the  term shall be let and dispose of and that the money arise thereby shall be put  to interest for the use of his sister mary and if she die without issue the  money so put out be to be equal divide between his sister Teresa I and Frances  after the decease of mary in manner as aforesaid the testator die mary  intermarry with the defendant and be since dead without issue and the single  question be whether the limitation over to Teresa and Frances be good and I  think it be for the limitation over of a personalty on a contingency to arise  within a life be allow the time of go over be after the death of mary and the  will be to the same effect as if the word have be after the death of mary  without issue live at the time of her death and be the same with the case of  Pinbury versus Elkin vern I devise to my wife Hester all my land and tenement  money clothes and yarn to be free by her possess and enjoy provide if she die  without issue by I that then pound shall remain to my brother after her  decease and make his wife executrix and Lord Macclesfield adjudge the  limitation over the pound to be good and say that the word die without issue  in case of a devise of land be construe to create a estate tail to support the  remainder over but why shall they be take in that sense in the case of a  personal estate to destroy the remainder over since the common acceptation of  the word die without issue be if the party never have any child or if they die  in their lifetime here mary be make executrix and it be plain she be not to  take this legacy in that right because it be give her for life and therefore  the remainder after her decease if the mosely report limitation over be not  good will belong to we as the next of kin of the testator Mr attorneygeneral  for the defendant if the word if she die without issue stand single it be  allow the limitation over will be void because the word issue will take in all  the issue but it be say that the follow word after the decease of mary in  manner as aforesaid show the meaning of the former to be if she die without  issue live at the time of her death but if the former word be to be understand  of die without issue general these latter word must have the same sense too  for they must be take with reference to the former so they make no alteration  in the devise but the will must be construe in the same manner as if they be  away and these word in manner as aforesaid distinguish this case from Pinbury  versus Elkin in the case of forth versus chapman the contingency be if he die  or shall depart this life and leave no issue those word import a die without  issue live at the time of his death yet the present master of the roll adjudge  the limitation over to be void but his decree be reverse on appeal by the Lord  Macclesfield and this bill be bring for a account against the husband though  he never administer to the wife and it do not appear that any of the effect or  the money raise by the sale of they come to his hand mosely report er p Lord  chancellor a decree have be make against the defendant by default the  plaintiff may as well file their bill against a stranger and though they have  take out administration de good non c of Mr Darle and so may inquire after his  asset into whosoever hand they be come yet as they principal claim the benefit  of the devise over how can they have a account without make the representative  of mary a party see what debt and legacy have be pay for it be only part of  the residue that be devise over and if mary have waste the estate the husband  be not liable to a devastavit but as her representative as to the devise over  a personal estate can be limit over after a die without issue general but may  after a particular die without issue videlicet live at the time of their death  mosely report the first devise to the sister be general and she be make  executrix if the will stop here it will amount to a absolute devise of the  whole to her but then the testator go on and my will and meaning be c for the  use of my sister mary he do not say for her life and by these word too she  have a absolute property but then the will say and if she die without issue  not live at her death but general then c in manner as aforesaid so the devise  over be after a estate tail and therefore the bill must be dismiss on the  whole matter vern vern Chan Cas Chan Cas vern cro James sir wm Jon roll Rep  palm Cas roll ab cite in sir wm Jon deny to be law in lamb and archer case  salk cro can dyer b Cas bull Plowd   godb leo Anders roll ab Nels Fol Rep in  canc post Cas Cas Mod side lev lev Mod Ventr bro title day pl march own h if a  issue be direct and the defendant answer be not falsify or by the one witness  only the court often order it to be read on the trial Chan Cas Chan Cas vern  vern Saturday June the that S c p wms see Edward v champion de g m g