case sarah smith widow lie tiff John smith defendant et e contra refer to  Parker v Hodgson d S henty v wrey Ch d Ch d at the roll master of the roll  December one devise pound to his daughter for her portion charge upon a real  estate and Payable at daughter die before the portion shall sink in the land  other wise if no time have be limit for the payment of the portion for in that  case it go to the executor of the daughter No difference where the portion be  secure by a settlement or a will if secure out of a real estate and the party  die before it be Payable in either case it sink in the land the case be that  one Thomas smith be seize in fee of several land in the county of Suffolk and  have issue one son and one daughter the that of July make his will in write  and thereby among other thing devise part to his wife the now plaintiff for  her jointure and devise the rend and profit of all other his land until his  son attain his age of twentyone year unto his executor therein name to be  apply in such manner as he have direct and give the whole to his son when he  shall attain the age of twentyone year charge with so much of his daughter  portion as shall not before that time be raise by his executor and trustee and  give unto his daughter the sum of one thousand pound to be pay by his executor  at her age of twentyone or marriage which shall first happen Willing the same  to be raise out of the rend and profit of the say land and further will that  in case his son shall die before he accomplish his age of Vernon chancery case  twentyone year or without heir of his body Vernon chancery case er p lawful  beget then from and after the death of his say son he give all and every the  say message land tenement and hereditament to John smith his uncle the now  defendant and his heir he make up his daughter portion two thousand pound and  of his say will make the defendant smith and one day who renounce executor and  short afterward die leave his say son and daughter both infant and the old not  three year old the daughter die soon after the death of the say testator a  infant unmarried and short afterward the son also die without issue the  plaintiff the widow take letter of administration to her daughter and the  principal question insist on be whether the plaintiff as be administratrix to  her daughter be entitle to all or any part of the say portion for the  defendant it be insist that the plaintiff be not entitle to all or any part of  this portion but that the daughter die before twentyone and unmarried it  extinguish in the land for the benefit of the heir and that it be so resolve  in the case of my Lord paulet and the lady paulet vol Cas which be afterward  confirm upon a appeal to the house of lord and likewise in the case of brown  and bind Ch case and the difference there take be between a personal legacy  which be admit shall in such case be debt is owed in prsenti and Payable in  going to be go to the executor or administrator and a sum of money appoint to  be raise out of the rend and profit of land and design for a particular  purpose to wit a portion for a daughter for which there be no occasion she die  unmarried and under age that if any part of the two thousand pound be pay able  it can be only the first thousand pound for the portion be not to be make up  two thousand pound but upon the son die without Vernon chancery case issue  which never happen in the lifetime of the daughter she die before her brother  and so that last thousand pound never vest in her and consequent can not go to  her administratrix and if the plaintiff be entitle as administrator yet she  can not have it until such time as the daughter will have attain her age of  twentyone year as be resolve in the case of earl and earl even in a personal  legacy but though these other matter be mention for argument sake the  defendant counsel rely upon it that the plaintiff be not entitle to any part  of the two thousand pound for the plaintiff it be insist that the legacy be a  interest vest and attach in the daughter and ought to go to the plaintiff her  administratrix and that it have be so late resolve by the Lord chancellor in  the case of the earl of river and the earl of Derby ante case which be long  since the case of paulet and paulet and that the principal case be not exact  the same with the case last mention for there be a settlement as well as a  will but here the case depend pure upon a will but seem to admit that the  plaintiff can not have the portion until such time as the daughter will have  attain her age of twentyone year per cur I take it that the plaintiff be not  entitle to any part of the two thousand pound and that the judgement in my  Lord paulets case govern this case it appear that the intention of the  testator be that it shall be for a portion and it be express call a portion in  the will and then it be no personal legacy but money to be raise out of the  rend and profit of land and the case of the earl of river and the earl of  Derby differ from this in that case there be no time limit for the payment of  the money but here the payment be express to be at twentyone year or marriage  and therefore Vernon chancery case dismiss the bill as to so much as concern  the two thousand pound portion this cause be reheard the that July follow  before the lord commissioner who order a case Reg lib b fol there appear to  have be afterward a order refer the cause to sir John Trevor and sergeant  Powell Reg lib b fol but of the first hear or of the award the editor have not  be able to find any entry vide poulet v poulet ante vol and case cite in not  there Hodgson v Rawson ves memorandum that on Thursday morning be the that day  of February Mr sergeant Maynard Mr Keck and Mr sergeant Rawlinson be send for  to Whitehall and Mr Keck and Mr sergeant Rawlinson attend accord Mr sergeant  Maynard not be able to attend by reason of his indisposition by the gout Mr  Keck and Mr sergeant Rawlinson kiss the king hand and the great seal of  England be deliver to Mr Keck in the presence of the marquis of hallifax the  earl of Shrewsbury Lord mordant and several other nobleman then present Vernon  chancery case er p Vernon chancery case de boundary paschae in curian porter