case John broom Esq and Elizabeth his wife plaintiff henry Berkeley Esq george  Berkeley Esq and henry coal Esq defendant Lord chancellor king and master of  the roll upon a marriage settlement land be limit to the use of the husband  and wife for their life remainder to their first and every other son in tail  and in default of issue male of the marriage to trustee in trust to raise  pound for daughter Payable at or marriage which shall first happen and out of  the profit to pay pound per annum for maintenance the first payment of the  maintenance to commence after the estate of the trustee shall have come into  possession husband die without issue male leave a daughter and a wife who be  jointure in the premise the portion shall not be raise in the mother lifetime  because the maintenance which be natural to precede the portion be not to be  pay till the trustee be in possession by a marriage settlement date February  land be settle on George Berkley for life without waste remainder to trustee  during his life to preserve contingent remainder remainder to his intend wife  for her jointure remainder to heir first and every other son in tail general  successive remainder to the use of the trustee and their heir in trust that if  the say George Berkley shall have no son by the marriage or if have son they  shall all die before twentyone without issue then peer William the trustee  shall out of the rend and profit of the premise or by sale or lease or  otherwise raise for the daughter of this marriage if but one pound Payable at  twentyone or marriage which shall first happen and shall also raise and pay  the yearly sum of pound by halfyearly payment for her maintenance and  education until her say portion shall be due the first payment of the  maintenance money to be make at such of the halfyearly feast as shall next  happen after the say estate so limit to the trustee as aforesaid shall take  effect in possession together with far provision if there shall be more  daughter than one particular if more than three then that the trustee c shall  stand seize of the premise for the benefit of all and every of the daughter to  be divide among they equal as tenant in common and of their respective heir  and assign for ever the husband die have leave no issue male by the marriage  and but one daughter who be twentyone bring this bill in the lifetime of her  mother who have her jointure on the premise against the trustee for the raise  of this portion by sale or mortgage of their reversionary trustestate and also  with interest from the time the same become Payable insist saint that the word  of the settlement be plain and positive as to this particular of raise the  portion of pound in case of failure of issue male of the marriage for a only  daughter which be to be pay to her at the age of twentyone or marriage peer  William er p without restrain it from be do till after the death of the mother  dly for that it be high reasonable this provision in the settlement shall have  a favourable construction because the plaintiff Elizabeth who be the only peer  William issue of the marriage claim as a purchaser for a valuable  consideration the consideration of marriage and a portion pay whereas the  defendant claim only under a voluntary disposition and subject to the portion  dly forasmuch as have there be more than three daughter the whole reversion in  fee of the premise will have vest in those daughter to be at their disposal in  which case if the plaintiff Elizabeth have have three sister she will have  have the four part of the reversion in her immediate disposal though in her  mother lifetime whereas though she be now the sole issue of the marriage yet  unless she succeed in this suit she can have no provision during her mother  life this case come on some term since that may but be adjourn in order to be  consider by the Lord chancellor and master of the roll and now it receive a  solemn determination by they who deliver their opinion seriatim master of the  roll this portion ought not to be raise until the jointresss death I admit  that if a reversionary term or estate be limit to trustee to raise portion at  a certain time when that time come the portion must be raise unless in the  declaration of the trust of the term the intention of the party appear to the  contrary thus in the case of Sandys versus Sandys vol there be a term create  for portion which be to commence in possession after the death of the father  and mother but the portion be Payable at a certain time at the daughter age of  twentyone or marriage if after fourteen and nothing appear in the trust of the  term which show it to be the intent of the party that the portion shall not be  raise out of the reversionary term the portion be decree though to struggle  against curian to be raise in the father lifetime peer William in the case of  Corbet versus Maidwell salk where all the case of this nature which have be  then adjudge be cite Lord Cowper take notice that if those of Gerrard versus  Gerrard Staniforth versus Staniforth and greaves versus Maddison have come  before he for judgement he will hardly have go so far and indeed the case of  greaves versus Maddison vide the case of reresby v Newland ante where Lord  Macclesfield say this case be not reconcilable to common sense have not be  warrant by any before or since but this case be quite open even as much as if  no resolution have ever be in relation to the matter now in question I here  all the contingency have not happen since the estate for life must all  determine before the portion can or ought to be raise and great inconvenience  will arise to family by the sale of these reversionary estate or term than can  possible be occasion by the daughter stave for their portion by such sale or  mortgage or reversion family be often ruin and the daughter also themselves  undo by improvident marriage and though inconvenience ought not to weigh where  the word be plain and positive yet if argument from the conveniency of  daughter be pay their portion out of reversionary estate at a time when they  may most want they have hitherto have too great a weight as I think they have  it be time to put a end to they I agree the intention as to the manner of  raise the portion ought to prevail and here such intention be plain for in  this case the maintenance for the daughter be not to be pay until the  trustestate come into possession and the payment of the maintenance must be  intend to precede the payment of the portion vide salk in the case of Corbet v  Maidwell where above the maintenance must determine when the portion become  Payable and this be the plain indication imaginable that the party intend the  portion shall not be pay until the trustestate come into possession which peer  William make this case full as strong as that of butler versus Duncombe I vol  vern Lord chancellor I be of the same opinion all man deed be to be take  accord to their intention and where the word be plain the convenience and  inconvenience which may ensue from thence be not to be regard it seem to I  that the court have go rather too far in sale of reversion for raise portion  for daughter even against the intention of settlement and though I will not  undo what have be do yet most certain I will go no far and I take it that the  case now before the court stand clear of all the former resolution here the  maintenance for the daughter be to be raise out of the rend and profit after  such time as the trustestate Chargeable with the portion be come into  possession and it be absurd to peer William er p say that the portion shall be  raise first and the maintenancemoney pay afterward beside the argument which  have in some case be allow too much weight that the portion ought to be raise  to advance the daughter in marriage can be use here the plaintiff Elizabeth  have be marry many year ago and have a considerable provision over and above  what be now contend for wherefore the bill which she have now bring for her  portion in her mother the jointresss lifetime come too soon and ought to be  dismiss vide butler v Duncombe ante vol this decree be affirm by the lord on a  appeal in the march follow bro p c bro p c and ed