case trotter versus williams Eq Abr c S c one devise to a pound Q to b pound  and so to five other the like sum and if any to who I have give any money  legacy happen to die then his or her legacy and also the residue of my  personal estate to go to such of they as shall be then live decree it shall be  take to be live at thedeath of the testator and not at anytime after so that  the death of a of the legatee after will not carry it to the survivor a man  make his will and after several legacy devise in this manner item I give and  bequeathe to a pound to b pound and so give pound apiece to five other and my  will be that if any to who I have give any money legacy happen to die that  then precedent in chancery er p her legacy and also the residue of m personal  estate shall go to such oh they as shall be then live equal to be divide  betwixt they all all the legatee live to be of full age and then one of they  make her will and devise her to the plaintiff and die and the question be  whether this devise make by her be good or whether the legacy of the decease  person shall be divide among the survivor by the will of the first testator or  shall go without restraint of time the attorneygeneral argue that there be no  ground at all to restrain the word happen to die to a die during the life of  the testator and there be no need precedent in chancery of make that  construction for save it from be a lapse legacy for that be as well do by the  devise of the surplus and there be no time limit so that his intention be  plain and must be take to be a devise of the legacy for life only and as to I  the surplus that be not give till the last clause upon the contingency  Rawlinson say that if a time of payment have be limit that may have make it  have another construction than now it will and cite the case of clerk versus  bridge cur the word shall go to such of they as shall be then live must refer  to a certain time and that be when the legacy become Payable which be at the  death of the testator