bullock v stone July see Cunningham v Murray de g S l I Ch l I Ch devise of  real and personal estate to the first son of a when he shall attain twentyone  with a direction for his proper maintenance and education a have no son at the  time of the will the testator death or the decree hold that the profit of the  personal estate shall accumulate see Trevanian v Vivian Ves sen and roper on  legacy Hopkins v Hopkins Forr and ante Vol green v ekins atk and p W note SC  also Montgomery v Woodley Ves that as to the real estate it be a good  executory devise but that the profit thereof descend to the heir until a son  shall be bear when they shall be apply to his maintenance c devise of all real  and personal estate in trust by b c d c must be construe by the subsequent act  to be do by they and amount here to a devise to they I John stone do leave all  my real and personal estate at Ashgate in trust by b c and d my desire be that  all my debt and funeral charge be pay and such legacy as I shall after mention  then after certain direction and legacy he add I desire that the heir which I  shall hereafter mention be well bring up with good learning and well educate  also my will and desire be that the first son lawful beget of John stone the  filecutter when he come to shall have all my estate real and personal at  Ashgate and his heir male for ever after the limitation to the heir male of  John stone the will proceed thus and for want of such heir male to the first  son lawful beget of Christopher stone and his heir male for ever and for want  c to the first son of Francis stone and his heir for ever vide supplement p  and as there be coal on the land if it can be let for forty or fifty pound a  acre the mortgage debt may be get pay off John stone the filecutter the  defendant be heir at law to the testator have no son at present and be not yet  of age the first question be whether there be any devise to the trustee next  whether this be a good executory devise to the first son of John stone at  twentyone next as to the profit in mean time whether the heir at law be  entitle thereto only until he have a son bear and to vest in such son  immediate on his birth but this it be say can never be the meaning for that  will be provide for the son and at the same time prevent John stone from marry  therefore they belong to he until he have a son who attain twentyone vesey  senior Lord chancellor the personal estate passes by this will to the trustee  first for payment of debt but the whole surplus of that will belong to the son  of John stone when that son attain twentyone which be a reasonable compass of  time for such a bequest to take place and until then the profit of that  personal estate will accumulate and the heir at law can claim any thing of  that but as to the real estate first I be of opinion it passes by the devise  to these trustee and that there be proper devise word though it be not say I  devise to they for it be in a inaccurate manner by they but that must be  construe with the subsequent act to be do by they videlicet I give my real  estate on trust that the rend and profit may be apply by those trustee in such  and such a manner then they must have the real estate for that purpose and I  think in point of law it will amount to a devise to they the question then be  as to the trust and application of the rend and profit it be a executory  devise of the trust estate to the first son of John stone when he come to the  age of twentyone which be a good executory devise accord to the late  determination for in gore v gore p W to and stram quod vide and see further as  to gore v gore in the supplement p c it be settle solemnly that such a  executory devise be good even of a legal estate and there be no difference as  to that because it do not tend to a perpetuity only suspend the vesey senior  er p power of alienation so long as the law will suspend it because until  twentyone he can not alienate it where then be the rend and profit to go where  there be a executory devise whether of a legal estate or a trust estate in  this court the rend and profit go to the heir at law because the legal estate  in the one case or trust in the other descend in the mean time to the heir at  law but I be of opinion that this intermediate interest or benefit arise to  the heir at law as to the profit of this estate will determine upon his have a  son for that son education which he have express direct must come out of the  rend and profit of the estate that can be if another person be to have the  benefit thereof therefore the construction of the will must be that this heir  who he have institute shall have the benefit of these rend and profit from the  time of his birth at least so far as his maintenance and education go what the  surplus afterward will be do not appear but probable nothing but the  conveyance of the estate and the possession must be suspend until he attain  twentyone Reg lib a fol