case hall against hewer in chancery that Dec young child be never consider as  a old but between parent and child or one in loco parent not in the case of a  provision by a stranger lib Reg a foe b Robert hewer by his will devise land  to trustee for a term of year to raise pound and afterward by a letter which  be prove as a codicil to John hewer his brother and one of the trustee direct  as follow I have give you and Mr hall a power to mortgage for payment of pound  and beg that that sum may be lend to Mr hall and that you will take such  security from he as he can give to indeninify you and your child from payment  of it and in case of your death without child I desire ambler er p it may be  secure to the young child of Mr hall he devise by his will his real estate to  John hewer for life remainder to his first and other son in tail remainder to  daughter in tail and in case of the death of John hewer without such issue  then to plaintiff by name of Humphrey second son of hall in fee James the old  son of hall die in the lifetime of John hewer by which Humphrey become old son  Q whether Humphrey be entitle to part of the pound under the description of  the young child of Thomas hall Lord chancellor Hardwicke after argument it be  plain the right to the pound be contingent the codicil direct the pound to be  lend to hall who be to give such security as will indemnify John hewer and his  child the meaning be that their interest in the estate shall be contingent no  part of the money be to be pay in the lifetime of hewer or his issue ambler  the case of the death of hewer without issue which mean issue at his death he  desire pound may be raise for the young child of hall then and not till then  it become a charge Q who be entitle to it argue for the plaintiff that he be  entitle to a part as be a young child at the death of the testator on the  other side two argument be offer saint that the plaintiff be to be consider as  a old son quoad hoc because the testator have give he the inheritance of this  estate d the testator mean such as shall be young child at the time the  contingency happen the saint go too far there be no case where the court have  consider a young child as a old but between parent and child or those who  stand in loco parent this be the case of a stranger d reason hold be of  opinion the pound do not vest till the death of John hewer and then in such  person as be at that time young child of hall consequent plaintiff be not  entitle see matthews v Paul Swanst lady Lincoln v Pelham Ves bowl v bowl ib  and see west v Lord primate of Ireland bro c c sherer v bishop bro Teynham v  web Ves see also Sugd on power where it be say that this distinction do not  appear to be attend to at the present day see Windham v Graham Russell the  letter be as follow I have by my will give you and my good friend Mr hall a  power to mortgage my estate for the payment of pound which l earnest beg and  recommend to you to do and that sum may be lend to Mr hall and that you will  take of he such security or share of ship as be can give you to indemnify you  and your child from the payment of that sum or the interest thereof in case of  your death without child I desire that the pound may be secure to the child of  Mr hall I make it my last request to you that you will do every thing in your  power to serve and support my dear friend and his family and in particular in  what I above desire the decree declare that the sum of pound direct to be  secure to the young child of Thomas hall decease and the interest thereof  belong to and ought to be divide among such person as be the young child of  the say Thomas hall live at the time of the death of the say John hewer the  executor and that the say young child be entitle thereto in equal proportion