case Billingsley and other versus will and other June distinguish tribe v  Newland de g S the court of opinion that l on the circumstance of the case be  not entitle under the will of a b to a share in pound therein devise and  consequent not transmissible to the defendant will her husband and  representative the question arise in this case out of the will of Arthur  Billingsley of the that of November I do further give and bequeathe to my  brother Capel Billingsley the interest of fifteen hundred pound during his  natural life then from and after the decease of my brother Capel Billingsley I  give the say sum of fifteen hundred pound unto atkins and among all and every  the young son and son in case there be any young son and all and every the  daughter and daughter of my brother Capel Billingsley now lawful beget or to  be hereafter beget share and share alike but in case he shall have only  daughter lawful beget then only unto and among the young daughter or daughter  and to be pay to they all every and each of they all and when they shall have  obtain to their respective age of one and twenty year but my express will and  meaning be that no elder son in case there shall be more than one son nor any  elder daughter if there be only daughter of my brother Billingsley live at his  decease shall have any part share or interest in the pound but in case all the  child of my say brother Capel Billingsley except one either son or daughter  shall happen to die before their respective age of twentyone then I give one  thousand pound part of the fifteen hundred pound to such survive only child  whether son or daughter and to be pay to he or her at their age of twentyone  the plaintiff by their bill pray that the former cause so far as relate to the  sum of pound S d Southsea annuity in the bank may be revive and the plaintiff  have the benefit thereof Lord chancellor the fact in this case be that Capel  Billingsley have three child a son and two daughter at the time of Arthur  billingsley make of his will and one son bear after the death of the testator  ltitia one of the daughter marry and attain her age of twentyone but die  before her father and then he die the question be whether ltitia the daughter  of Capel Billingsley have attain her age of twentyone but die in the lifetime  of the father be entitle under the atkins er p will of her uncle Arthur  Billingsley to a share in the payment of the fifteen hundred pound and if it  be transmissible to her representative the defendant will her husband I be of  opinion she be not entitle there be some obscure clause in the will the  testator do not begin with give the fifteen hundred pound to Capel Billingsley  but only the interest then follow item from and after the decease of my  brother Capel Billingsley I give the say sum of fifteen hundred pound c atkins  now if there have be nothing say of the interest before in the will and the  clause have begin with from and after the decease of Capel Billingsley c there  can have be no doubt but the vest must have be after the father death for the  payment be annex to the substance of the legacy which be Cloberys case Ventr  so Seamer v Bingham atk it be plain in this case nothing be give in the  principal sum of pound to the child till after the death of the father and  that it be not to take place till then in point of vest as well as in point of  payment and to be pay to they all at and when they shall have attain to their  respective age of year not intend to make it absolute Payable at but only to  restrain the devisees from receive till if they survive the father and shall  be infant at the time of his death it have be contend on the part of the  defendant that this clause mean to give it to any son or daughter who shall  attain the age of at any time it be manifest to I that this relate to young  son and young daughter who shall be live after the decease of the father Capel  Billingsley for at the time of the testator make his will Capel have only one  son and two daughter the testator consider no doubt both the daughter as young  child whether in fact so or not for this court too consider they as such  though in point of age the daughter be old than the son Heneage v Hunloke atk  the word but in case he shall have only daughter can possible refer to the  time of make the will for the brother have a son as well as daughter live at  that time therefore must refer to some future time that if he shall hereafter  have only daughter then to the young daughter or daughter c the question be  when will be that future time it must natural be the time the testator mention  at the beginning of his will the death of Capel Billingsley the word when they  shall have attain their respective age of year be not pretend to relate to the  time of vest because the father be to enjoy the interest of the pound during  his life but my express will and meaning be that no elder son shall have any  part share or interest in the pound atkins what be the effect of these word  why plain to describe further the person who be to take the benefit of this  legacy nor any elder daughter if there be only daughter of my brother  Billingsley live at his decease shall have any share c in the pound what do  the word live at his decease refer to undoubted to both member of the sentence  and be a further description videlicet I that shall there be such son or such  daughter be they one or the other who shall be live at the time of Capel  Billingsley the father decease these word be not only descriptive of the child  exclude but likewise of the child which be to take all the son and daughter  live at the time of his decease fall in with the intention of the testator  upon the precede part of the bequest the vest at the time of his brother  decease it have be say this must be consider as vest at the death of the  testator in those child who be bear before the testator death and the child  bear afterward but divest again when either of they die before the age of  there be no pretence for this nor will the word admit of such a construction  it have be say too that the most liberal construction ought to be make in the  case of portion I do agree in those case where a father be make a provision  for child which atkins er p be call a debt of nature the court will strain in  their favour but this be not the present case for it be the bequest of a  collateral relation and be a mere bounty only upon the latter clause but in  case all the child of my say brother Capel Billingsley c it have be say as  this be not restrain to his survive the father it ought to affect the  construction of the other part of the will but as this be a contingency which  have not happen for there be two son and a daughter live I shall not extend it  so far as to affect any other precede clause and if the first word be to have  the construction I have already mention even if that one child have die before  his age of he can not have be entitle atkins upon the whole I be of opinion  that all the subsequent word must relate to the precede from and after the  decease of the testator brother Capel Billingsley Lord Hardwicke order that  the dividend which accrue due on the pound S d Southsea annuity now stand in  the name of the accountant general before Michaelmas and which be not receive  by Capel Billingsley in his lifetime be pay to the plaintiff and Billingsley  the administratrix of her late husband Capel Billingsley and that all such  dividend as have accrue since Michaelmas be divide into moieties and one  moiety thereof be pay to the trustee in the assignment by the defendant dove  and and his wife the survive daughter of Capel Billingsley and the other  moiety of the say dividend be pay to the plaintiff and Billingsley John  Billingsley her son by his counsel pray the same and further order that so  much of the pound S d Southsea annuity be sell as be sufficient to answer the  cost to such of the party against who the bill be dismiss and that the residue  be divide into moieties and one moiety thereof be transfer to the plaintiff  John Billingsley and the other moiety to the trustee subject to the trust in  the defendant dove assignment Reg lib a foe