Barnardiston king b Maskell executor of against LUKEE and other the time for  payment of a legacy canc a woman make her will and leave a legacy of to Lukee  a son of one of the defendant to be pay he at his age of twentyone year  however he happen to die at his age of eleven year and accord one of the  defendant Lukee his father take out administration to he and libel in the  ecclesiastical court for this legacy the plaintiff be afraid that the  ecclesiastical court will order he to pay this legacy immediate whereas in  justice and reason it ought not to be pay till the time come when the infant  will have be of age if he have live make a motion in this court for a  injunction to stay the party from proceed in the court below this matter have  be mention before and then Lord chancellor order the counsel to give notice to  the other side and to move it again upon which dr sayer now attend and oppose  the motion with the solicitor general Mr Lutwyche and Mr melmouth be counsel  for the plaintiff and they say the plain intent of the testatrix be that the  infant shall have no benefit of the will till his come of age and then he will  have a right to receive the bare without any interest they say if this be the  meaning of the testatrix in respect of the infant it must equal be her meaning  in respect of those who represent he accord they say this point be settle in a  late case in this court and affirm upon a appeal in the house of lord and they  say there be a plain difference to be make between this case and that where  interest be to be pay from the death of a testator there they allow the intent  of the will be to convey a present benefit and the design of hinder he to have  the use of it be only that he may not do himself any prejudice by have it in  his present disposal as this then be the design of the clause and the reason  of that caution cease by his die before he come of that age there be no reason  that his representative shall be under that confinement however they say they  have reason to fear the ecclesiastical court will not consider the thing in  this light and therefore they apply for a injunction the counsel of the other  side though say that the ecclesiastical court have a jurisdiction in this case  concurrent with this court and if the party shall find himself aggrieve his  relief will be proper only to the delegate by way of appeal Lord chancellor be  of the same opinion and accord refuse the motion vern vern