bishop versus fountain bradshaw todd in chancery devise of a possibility not  make good in equity contra fearne essay first vol fearne essay d vol high  Blackstone TermRep dr berry seize in fee devise the land in question to  sergeant fountain and his heir in trust to sell part for payment of his debt  till the debt pay to pay l per a to his natural daughter mary and after the  debt pay l per a for her life and if she have child to convey successive to  those child if son at their full age if daughter to they all but so as the  husband she marry take the name of berry for want of such issue or if such  issue die without issue he devise Henisworth and KinglyPark the land principal  in question to be convey to the old son and heir of his nephew John cater and  the heir of such old son and give the say old son a annuity of per annum till  such estate shall come to he but if he claim any thing during the life of mary  or any of her issue then both father and son to be exclude from have any thing  out of his estate the old son of John cater be Anthony who have two sister the  defendant Bradshaw and Todd daughter of John Anthony die and leave issue John  his son who in the life of mary devise the land in question to the plaintiff  and die without issue mary after die without issue the heir of levinz fountain  convey the land in question to Bradshaw and Todd sister of Anthony and heir of  he and also of his fathor John bishop bring this bill to have the land convey  to he suppose the equity to have this estate be vest in Anthony and so well  devise to he by John the son and heir of Anthony but the Lord keeper assist by  the chief justice Treby and Powell baron of the exchequer after several  argument and long consideration of the authority cite on both side resolve  that John have no estate devisable but a mere possibility during the life of  mary or any of her issue and so the devise to the plaintiff void and the land  well convey to the defendant Bradshaw and Todd sister and heir of Anthony and  dismiss the bill but without cost provide he acquiesce and give they no far  trouble in this court in the case in term Rep the testator give his land and  hereditament charge as in his will unto his brother t l until his son John or  any other of his young son shall attain the age of twentyone year and in case  he shall have no young son that shall live to attain say age but shall have  only one son that shall live to attain say age then until such only son shall  attain say age upon trust c and when and as soon as his say nephew John or any  other of the young son of his say brother t l bear or to be bear shall attain  the age of twentyone year then he give his land and hereditament charge as  aforesaid unto his say nephew John or unto such other son as for the time be  shall be a young son of t l and shall first attain his age of twentyone levinz  er p levinz michaelmas term in the seven year OF the reign OF William the  three in the common plead