case wythe against THURLSTON discuss in re hopkins trust Ch d provision by  deed for child hold to extend to grandchild and greatgrandchildren lib Reg b  foe nom Wythe v Blackman S c Ves hill g by deed a estate be direct to be sell  on failure of issue male of a and the money direct to be equal divide between  four person or the respective issue of their body but if any one be dead at  that time to be equal divide among the survivor of they and their respective  child in case any of they be dead have issue of their body they be all four  dead before the contingency happen one without issue one of the other have a  son live one have grandchild but no child and the four have child grandchild  and greatgrandchildren live it be hold by Lord Hardwicke chancellor that the  word ambler issue will carry it to all descendant and in the present case the  word child which may admit of a more restrain signification shall be extend so  as to enable all the child grandchild and greatgrandchildren to take and they  take per stirpes and not per capita Bacon Abr vern more as to the import of  the word child in such case see gale v Bennet post prima fancy the word issue  will be construe to mean descendant as in ambler er p davenport v Hanbury Ves  freeman v Paisley ib Bernard v Montague Merrie leigh v Norbury Ves Hockley v  mawbey Ves Jun Haydon v Wiltshire t r but wherever in a deed or a will the  intention appear to be that the word issue be not intend to mean descendant  but child the court give it such a construction Hampson v Brandwood mad Sibley  v very Ves see earl of Oxford v Churchill v b Hussey v Dillon post the trust  be that the trustee shall sell the say settle premise as soon as convenient  may be and that the money thereby arise together with the mesne profit of the  say premise shall be equal divide between the say mary Wythe dame Elizabeth  chancy Ann Blackman and Elizabeth Thurlston or the respective issue of their  body in case they or either of they the say mary Wythe dame Elizabeth chancy  Ann Blackman and Elizabeth Thurlston shall be dead at such time as there shall  happen to be a failure of issue male of John Thurlston the young share and  share alike videlicet to each of they or their respective child onefourth part  thereof and in the say indenture be contain a proviso that if any of they the  say mary Wythe dame Elizabeth chancy Ann Blackman and Elizabeth Thurlston  shall happen to be dead without issue at such time as there shall happen to be  a failure of issue male of the say John Thurlston then the money shall be  equal divide between the survivor of they the say mary Wythe dame Elizabeth  chancy Ann Blackman and Elizabeth Thurlston or their respective child in case  any of they be then dead leave issue of their body John Thurlston the young  enjoy the estate till when he die without issue Ann Blackman Elizabeth chancy  and mary Wythe all die in the lifetime of John Thurlston the young Ann  Blackman have issue two son and four daughter who all die in the lifetime of  John Thurlston the young one of they videlicet John luce Blackman leave issue  twelve child who be all live Ann longuet one other of the child have issue a  son and a daughter the daughter die in the lifetime of John Thurlston but the  son John Samuel longuet be still live Elizabeth chancy have issue a son and a  daughter the plaintiff Arthur chancy and defendant Elizabeth chancy mary Wythe  have issue Charles Wythe Phillippa cator and Catherine wife of Nathaniel  London Catherine London die in the lifetime of I t leave issue the defendant  Nathaniel London Catherine Odding mary Mawhood Elizabeth law and Phillippa  squire Phillippa squire die in the lifetime of I Thurlston leave three child  Elizabeth Thurlston die in the lifetime of I Thurlston leave issue a daughter  who marry and die a minor without issue the decree direct a account of the  rend and profit of the estate which accrue due since the death of I Thurlston  and that the estate shall be sell and the money arise from the rend and profit  and from the say sale shall be divide into three equal part one onethird  belong to the child grandchild and greatgrandchildren of mary Wythe one of the  sister of I Thurlston the elder in the proportion after mention and that the  same ought to be equal divide into three part and it be further order that the  one of such last mention onethird part shall be pay to or retain by the  plaintiff Charles Wythe and one other onethird part shall be aid to or retain  by the plaintiff Phillippa cator and the remain onethird part be divide into  five equal part fourfifth to be pay to the child of Catherine London and the  remain onefifth of the say last mention onethird to be subdivide into three  equal part onethird to be pay to each of the child of Phillippa squire the  plaintiff and as to one other three his lordship declare that the same belong  to the plaintiff Arthur chancy and to the defendant Elizabeth chancy the child  of dame Elizabeth chancy one other of the sister of I Thurlston in equal  moieties and as to the remain onethird his lordship declare the same to belong  to the defendant the grandchild of Ann Blackman the other sister of the say I  Thurlston in proportion after mention and the same be to be divide into equal  part onehalf tobe pay to Samuel longuet and the other moiety to be divide into  twelve equal part one of such part to be pay to each of the child of I  Blackman the cost of all party to be tax and pay out of the estate with  respect to the question whether the person take under the word issue or  descendant be to take per stirpes or per capita it will seem that when those  word be unaccompani by any thing to show that the person be not mean to take  in their own right but as represent other they shall take per capita and not  per stirpes see Devenport v Hanbury Ves butler v ambler er p Stratton bro c c  lady Lincoln v Pelham Ves leigh v Norbury Ves Roland v Gorsuch Cox see also  Crosley v Clare ante Blackler v web p W Longmore v broom Ves gale v Bennett  Ambl Wilson v vansittart Ambl