case wilson v spencer Lord chancellor king Eq can ab pl one by his will devise  that all his debt and legacy shall be pay by his executor out of his personal  estate if that shall be sufficient but if not then that his executor within  twelve month after his death shall sell or mortgage so much of his real estate  as shall be sufficient for that purpose and in it all give a legacy of pound  to I who die within a year and the personal estate be not sufficient to be a  vest legacy and shall be pay to the executor of the legatee though charge upon  land for the word within twelve month denote the ultimate time but the  executor may pay the legacy soon John Spencer by his will date the saint of  march devise that all his just debt and pecuniary legacy shall be pay by his  executor out of his personal estate as far as the same will extend and in  default of that fund by and out of his real estate for which purpose he will  that his executor within twelve month after his decease shall levy and raise  out of the personal estate not otherwise specifical devise and in default of  such fund and in aid thereof by and out of his real estate or by mortgage or  sale of such part thereof as may be sufficient the frill and just sum of pound  which say sum of pound he do thereby give and bequeathe to his young son  Edward Spencer to be pay he by his executor immediate after the same shall be  raise as aforesaid and the testator do thereby charge all his real estate with  the say sum of pound for the purpose aforesaid and to answer the same in all  event in case the say testator personal estate shall prove deficient the  personal estate be not sufficient to raise this pound and Edward Spencer the  legatee die within the year videlicet eight month after the death of the  testator where upon the executor of Edward Spencer the legatee bring a bill  for peer William the pound the question be whether the personal estate be  deficient and Edward Spencer peer William er p the legatee die within the year  this pound legacy shall not be deem a lapse legacy and sink in the land for  the benefit of the heir at law against the payment of the legacy it be urge to  have be the constant rule of equity ever since the case of Paulet v Paulet  that if a legatee of a legacy charge upon land die before the legacy become  Payable the land or real estate shall not be load for the benefit of a  executor or administrator but the legacy shall sink in the land in favour of  the heir that in the principal case the legacy be no charge upon the land  until the end of twelve month no bill can be bring for the raise of it before  that time and to call it a vest legacy will be beg the question since a legacy  give out of a real estate be not vest until it become Payable and in case of  the legatee death before that time shall never be pay but sink in the land and  as to what may be object that this legacy be not make Payable at a certain  determinate future day videlicet at the end of twelve month but only within  twelve month so that the executor be at liberty to pay it as soon as he please  after the testator death but must not defer payment long than that time to  this it may be answer that the law in this case have appoint a time for  payment videlicet the end of the twelve month after the testator death and  that the legacy can not be say to be due till the ultimate part of that time  be come like the case where one seize in fee lease for year render rend at  ladyday and Michaelmas if peer William the lessor die on michaelmasday yet the  rend not be due until the end of that day videlicet not before twelve oh clock  at night on the lessors die before that time it shall go to the heir and not  to the executor that the word within twelve month be the same as at or before  the end of twelve month and sure the pound can not be say to be due or Payable  until the end of that twelve month so that the legatee die before the land be  discharge if the lessor life till sunset it become due to he accord to the  case of southern v Bellasis vol in the note and for this purpose be cite the  case in vern of Yates v Fettiplace vern carter v bletso duke of chandos v  Talbot vol and that of Whiddon v oxenham that of July at the roll Eq can ab pl  the Lord chancellor admit that in all the former case wherein a portion be  secure out of land Payable to a daughter at eighteen or marriage and the  daughter die before that age or marriage it be high reasonable the land shall  be ease of the charge when the only motive and inducement for make the same be  at a end and determine by the daughter die under eighteen or unmarried and  consequent before she have any occasion for a portion but that in the present  case the legacy be all vest by the first word of the will whereby the testator  devise that all his legacy shall be pay by his executor out of the personal  estate if sufficient or else out of his land and that the subsequent direction  that they shall be pay within twelve month after the testator decease be say  no more than a court of equity will say without these word mere surplusage and  therefore can make no peer William alteration his lordship take notice of a  case strong to this purpose than any that have be cite which be in vern  Jackson v Farrant see also pre Charles where a man by his will devise pound  portion to his daughter to be pay by his executor at her age of twentyone out  of his personal estate and the rend and profit of his land and if not raise by  that time that his executor shall stand seize of the land and take the rend  thereof until the pound shall be raise and pay the daughter marry at eighteen  and die before twentyone whereupon it be object that the portion shall sink  because the daughter die before twentyone or that if it be to be raise still  it shall be only by the rend and profit and not by a sale but it be decree  that the portion shall be raise together with the interest and cost and by a  sale too wherein the defendant the heir be forthwith to join and this although  the encumbrance be so great that the whole inheritance will produce little  more than the pound wherefore it be decree in the principal case that the  legacy shall be raise with interest from the end of the year and the land be  devise to a for life only remainder to b in fee the court will not direct the  legacy to be raise out of the annual profit for that may when that defeat the  estate for life vide Manaton v Manaton ante vol but that the tenant for life  shall only keep down the interest and that the pound shall be raise by a sale  of so much as will be sufficient to pay the same with interest and cost Reg  lib b fol note the master of the roll be present in court when this cause be  hear and on be speak to by the Lord chancellor declare himself of the same  opinion vide duke of chandos v Talbot ante vol and Cowper v Scott ante peer  William er p