ambler case garden against Pulteney bequest of money in the fund to a in trust  for b a infant and for such young son or son as b shall have equal to be  divide between they and in case there shall be but one young son then the  whole to he b take a life interest in the whole subject to which his young  child take the whole Wilson v vansittart Amb lib Reg a foe S c Eden hill ms  Thomas Pulteney uncle of the late earl of bath be possess of pound S d south  sea stock pound S l d old south sea annuity pound S d new south sea annuity  pound S d bank stock and pound east India stock by will that January give  several annuity for life and direct that what dividend be then due upon any of  the stock or fund in the bank south sea India or other fund or security and  not receive by he shall be receive by his executrix and lie out in purchase of  some other stock with the advice of his nephew William Pulteney Esq afterward  earl of bath for provide a fund for the better payment of the say annuity in  case his then present estate in the stock be not sufficient for that purpose  and after the decease of the several annuitant he devise in these word I give  to my nephew William Pulteney Esq his executor administrator and assign all my  principal stock in the bank south sea India and other public fund or security  or in other security whatsoever in trust for his son William Pulteney  afterward Lord Pulteney now a infant and for such young son and son as the say  William Pulteney now a infant shall or may have to be equal divide between  they share and share alike and in case there shall be but one young son then I  give the whole to that young son bill be bring by next of kin of the testator  in the lifetime of Lord Pulteney to have several question determine and inter  alian to have the opinion of the court what interest Lord Pulteney take under  the devise upon hear the cause on the that June the court declare that so much  of the testator personal estate as be not dispose of by his will belong to and  ought to be divide among his next of kin subject to his debt and ambler  funeral expense and declare that his cash ready money bank note arrear of rend  money due to the testator upon balance of account with the bank and debt due  to he at his death and also the surplus dividend accrue on his stock and  annuity during the life of the annuitant ought to be consider as not dispose  of by his will but that all such dividend and sum of money as be due and in  arrear on any of thestocks and annuity at the testator death and also the  whole surplus of the dividend accrue or to accrue due on the stock and annuity  since the decease of such annuitant as die first ought to be consider as  dispose of by the will for the benefit of Lord Pulteney subject to the  contingency in the will a account be direct accord and the distribution to be  make of the undisposed personal and it be order that such surplus dividend as  have arise since the decease of such of the annuitant as die first or which  shall thereafter arise during the minority of Lord Pulteney shall be place out  at interest in the name of Lord bath in trust for Lord Pulteney and as the  interest and dividend arise thereon shall amount to a competent sum the same  be to be place out at interest in like manner for the benefit of Lord Pulteney  a account be direct of what be due all the testator death upon any of the say  stock or fund and security and the same be to be place out at interest in the  name of Lord bath in trust for Lord Pulteney for his life and afterward  subject to the contingency in the will and that the interest and profit which  have accrue or shall accrue due on any such security during the minority of  Lord Pulteney shall from time to time be place out in like manner as before  direct touch the surplus dividend accrue due since the death of the annuitant  die first and Lord Pulteney be to be at liberty to apply to the court for  payment or assignment of what he shall be entitle unto when he come at age of  and after his death any other person who may be entitle accord to the  contingency in the testator will be to be at liberty to apply to the court as  they shall be advice further direction and subsequent cost be reserve upon the  saint of February Lord Pulteney agree to sell to Lord Egremont his right in  reversion or rather expectance ambler after the death of the earl of bath ill  ambler er p two piece of ground in Piccadilly on one of which Egremonthouse be  since build and which piece of ground be then let for a term of year on a  building lease for and make a assignment of pound S south sea stock and pound  S old south sea annuity to Lord Egremont as a security for repayment of the  money in case he shall die before Lord bath or shall not after Lord bath death  have it in his power and shall not make Lord Egremont a good title Lord  Pulteney afterward borrow money of Mr Drummond on security of the stock devise  by Mr Pulteney Lord Pulteney die without issue on the that February plaintiff  take out administration with his will annex as a creditor after his death Lord  bath pay off Drummond and take a assignment of his security in the name of Mr  Dickenson bill by plaintiff to have the stock transfer after pay what be due  to Lord egremont representative and to Lord bath Lord bath be since dead the  suit be revive against general Pulteney his representative the defendant who  be next of kin to Thomas Pulteney insist that Lord Pulteney be entitle under  the will to the stock for his life only with remainder to his young child and  that as he die without leave issue the next of kin of the testator be entitle  upon the cause come on to be hear Lord chancellor say that the decree have  direct that the money due and in arrear at the testator death upon any of the  stock or fund shall be place out in the name of Lord bath in trust for Lord  Pulteney for his life and afterward subject to the contingency in the will  have preclude the party ambler from enter into the question and thereupon the  cause be order to stand over with liberty to petition for a rehear of the  original cause which be do the cause come on again this day when it be argue  on the behalf of the plaintiff and lady Egremont that Lord Pulteney be entitle  to the whole fund subject to open and let in his young child to share with he  Lord Northington chancellor without hear the counsel for the next of kin be  very clear that Lord Pulteney be intend to take only a estate for life with  remainder to his young son that the latter word which give the whole to a  young son in case there shall be but one can have effect by any other  construction that the interest give to the son be a tenancy in common and  there can be a limitation upon a tenancy in common see   Litt b fearne count  Rem Lord Hardwicke on hear the original cause be clear ofthat opinion  otherwise the direction for payment of the interest to Lord Pulteney at will  have be wrong for he may have have child before he consider the interest of  Lord Pulteney and his young son as distinct and that the word equal divide  relate only to the son interest any other construction will be contrary to the  intention of the testator and therefore direct a distribution among the next  of kin