case maskelyne against maskelyne at the roll d that and that march bequest of  pound to a to dispose of by will hold a absolute interest in a Reg minute book  maskelyne among other legacy give pound to his brother James houblon maskelyne  to be dispose of by he by his will as he shall see fit he also give he and a  additional annuity of pound when his debt and legacy he rend and profit of his  estate Q whether James houblon maskelyne have only a power to dispose of the  pound by his will or whether he take any and what interest in the pound legacy  it be argue on behalf of James houblon maskelyne that it be not nor can it be  intend as a mere power that it will be strange to give he a power without so  much as a general description of the object and without give he any benefit  that he must be consider as take some interest in the legacy and that accord  to the determination in Tomlinson v Dighton in wms and the case there cite he  take the absolute property it be give to he to dispose of without give he any  limit interest in it in which case he will have take only such limit interest  and though the word by will be use yet accord to the determination of Robinson  v Dusgale vern they make no difference but it be the same as if they have not  be insert v on the other side it be argue that James houblon maskelyne have a  annuity give he with a chance of be increase that the other legacy be give in  proper term of gift and therefore the testator must be understand to intend to  give mere a power to dispose by will sir Thomas fuel master of the roll upon  the distinction as settle in Tomlinson v Dighton and the other ambler case and  upon the authority of vern decree the legacy of pound to vest absolute in  James houblon maskelyne Robinson v Duns gate vern Nixon v Oliver Ves see bull  v Kingston mere Elton v Sheppard bro c c see in paice v archbishop of  Canterbury Ves and a limitation over if the legatee make no disposition be  void Ross v Ross I W see Cuthbert v purrier James where a particular estate  only as for life be express give to legatee with a power to dispose by will  see stand v stand Ves jun Nancock v Horton Ves Reid v shergold Ves Bradley v  Westcott Ves Anderson v Dawson Ves Barford v street Ves Irwin v Farrer Ves  Tomlinson v Dighton p W see Munyard v new Swanst the editor be unable to meet  with any entry of this case in lib Reg in the Reg Min book that of march the  minute be give at length and be as far as relate to the above question as  follow and a question have be raise whether the sum of pound give by the  testator to his brother the plaintiff h maskelyne in mariner in say will  mention be to be consider as a absolute legacy declare that the same be a  absolute legacy to the plaintiff and that interest ought to be compute on same  at pound per cent from the end of ayear after the death of say testator the  will itself be not set out in the minute book