case palmer versus CRACROFT all Feb Lord keeper land by marriage settlement be  limit to the son in tail male remainder to a the husband in fee provide if a  and his wife or either of they die without issue male live at the time of his  or her death leave only one daughter unmarried the trustee to stand seize till  they have raise pound for such daughter and if more daughter unmarried at the  death of a and his wife or either of they and no issue male live beget between  they then pound for such daughter a die leave daughter and his wife enseint of  a son which be afterward bear whether the daughter be entitle to the pound  Robert Cracroft the father the that of October car upon his marriage settle  his estate at Wisbe in Lincolnshire to himself for life to his wife for her  jointure and to their first and other son in tail male remainder to the right  heir of the grandfather Vernon chancery case provide if Robert and whether his  wife or either of they die without issue male live at the time of his or her  death leave only one daughter unmarried the conusee of the fine to stand seize  until he have raise pound for such daughter portion and if more daughter than  one unmarried at the time of the death of the say Robert and whether or either  of they beget of their two body and no issue male live beget by Robert on  whether pound for such daughter Robert die leave five daughter at the time of  his death and his wife enseint of a son the defendant who be bear in about six  week after his father death the plaintiff who marry one of the daughter as  administrator to his wife bring his bill to have his wife share of the three  thousand pound raise her sister have have their portion pay they question be  whether upon the word of this proviso the posthumous son shall defeat the  daughter of their portion it be agree that there be no provision for a  posthumous son and the father die before the son bear the son can not take by  the settlement for the remainder must immediate vest when the particular  estate determine vide reeve v long salk Mod Le v S c Fearne count Rem edit vol  p et seq and case there refer to and it be insist that as the proviso be word  a construction can not be make that the daughter be to have portion upon  failer of issue male and while issue male no portion to arise for that the  proviso be special and operate both way videlicet if a son live at the decease  of whether or Robert first die though there shall afterward be a failer of  issue male no portion can arise to the daughter so e turning if no son live at  the decease of Robert or whether the portion shall arise although a son shall  be after bear Vernon chancery case Lord keeper general and most common it be  the intent of the party that the daughter be not to have portion provide by  the settlement if there be a son so when no provision be make for a posthumous  son although it be the intent of the party that the son shall have it yet  until the late statute such posthumous son can not take so that what may be  the intent of the party can be the rule and if in this case the daughter upon  the word of the settlement and as it be by accident not be direct intend by  the party become entitle to a reasonable provision and portion he think equity  will not take it away but will be further inform as to the value of the estate  and whether the other daughter have receive their portion that that will III  cap by which it be enact that where any estate be settle in remainder to child  with remainder over any posthumous child may take in the same manner as if  bear in the father lifetime and a child en ventre S a mere be consider as a  child live to all intent and purpose beal v beal p wms Northey v strange  ibidem where however the court hold the word Vernon chancery case er p live at  my death necessary on the ground that a devise to one child and grandchild  shall prima fancy refer only to such child and grandchild as be live at the  time of make the will Burdet v hopegood p wms Gulliver v Wickett will where  devise to wife for life and after his death to such child as she be suppose to  be enseint with and to the heir of such child for ever provide if such child  be bear shall die before twentyone leave no issue of its body the reversion  shall go to the wife and two sister in three and per lee chief Jus the devise  to the child be a contingent remainder and a fee but the proviso make it a  feesimple conditional so as well for take personal estate under the statute of  distribution as real estate Wallis v Hodson atk so under a marriage settlement  where pound to be raise for such child or child of a as shall be live at the  time of his death hale v hale pre Ch so where pound to be raise for such child  or child of the marriage as shall be live at the death of the father or mother  millar v turner ves in these case the child mean appear to be the child of the  testator but where testator leave money in trust for certain of his relation a  child en ventre S a mere and bear after the death of testator claim as a  relation and no dispute as to the relationship the claim be disallow by Apsley  Lord chancellor on the ground that the court have never put such a  construction upon a will but in the case of a devise to child Bennett v  Honywood Amb so as to a devise to child of a person other than the testator  live at the testator death it appear to have be hold that a child en ventre S  a mere not be in be at the time can not take the legacy ellison v airy ves  Pierson v Garnet bro Ch Rep Cooper v Forbes ibidem but that doctrine seem to  be go for where a devise to the use of such child or child of testator brother  whether male or female as shall be live at the time of his say brother death  as tenant in common a child en v enter S a mere hold entitle per Thurlow Lord  chancellor clarke v black bro Ch Rep Ves jun SC and further as to this  doctrine and the capacity of infant en v enter S a mere vide thellusson v  Woodford Ves