case butler against Duncomb distinguish king v wither Cas tempt Talb Bradley v  Powell Cas tempt Talb Loder v Loder Ves sen refer to Simpson v frew ir Ch r  distinguish in re greaves settle estate Ch land settle upon husband and wife  for their life and the long liver of they then to trustee for a term of year  which term be in trust for raise after the commencement of a term a portion of  l Payable at twentyone or marriage husband die leave issue a daughter who  marry live the mother decree that the portion shall not be raise by sale or  mortgage of the term live the mother by reason of those word after the  commencement c S c Eq Abr S c vern S c Peer wms land be by marriagearticle  settle upon husband and wife for term of their life and after the death of the  long liver of they then to trustee for the term of five hundred year which  term be declare to be in trust for the raise after the commencement of the  term a portion of three thousand pound for daughter Payable at the age of  twentyone or marriage which shall first happen remainder to issue in tailmale  c husband die leave issue a daughter and no son the daughter marry during the  life of the mother the daughter and her husband bring their bill to have the  portion raise immediate by sale or mortgage of the term during the life of the  mother it be insist upon that case have very frequent happen in this court  where in favour of provision for child term have be sell in the life of the  parent by the decree of this court which seem the more reasonable here because  it be make express Payable at the age of twentyone or day of marriage which  shall first happen which word seem to be useless as the case have now fall out  the daughter marry before the death of the mother unless the portion may be  raise by sale or mortgage of the future term modern report Parker Lord  chancellor decree upon great deliberation of the case that the daughter when  marry have a present right or interest vest in her that shall descend to her  executor or administrator but that it be a right to a portion to be raise  after the commencement of a term that can not take place until after the death  of the mother the reason of his resolution be that he do not much approve of  sell of future term during the life of both or either of the parent and be it  res integran a see Gerrard v Gerrard vern greaves v Maddison t Jones and  Wingrave v Palgrave Peer wms a he shall with great difficulty admit of it he  look upon the care take in many settlement of late to prevent this as so many  protestation against the reasonableness of this sort of decree as for the case  of this nature he say there be several upon which if he have time be can raise  observation pertinent to the present question b Sandbys v Sandbys Peer wms  Rearsly v Newland Peer wms Ravenhil v Dansey Peer wms broom v Berkeley Peer  wms Heblethwaite v Cartwright c t t Stanley v Stanley atk hall v carter atk  Stevens v Dethie atk lion v chandois atk church v Harvey Amb smith v Evans Amb  Conway v Conway brown c c b but he will only say this in general that there be  not one of they that come up to this present case which be to have a portion  raise before the commencement of a term when the settlement be express that it  be to be raise after the commencement of the term in marriagesettlement it be  not only to be consider what be to be wish but what the estate will bear that  the word to be raise after the commencement of the term do import as strong  the negative that it be not to be raise before as the raise three thousand  pound import that no more shall be raise accord to this construction all the  word of the settlement be modern report er p satisfy even the word Payable at  the age of twentyone or day of marriage c be not useless even as this case  have happen for they serve to give the daughter a present right and interest  which be descendible to a portion to be raise indeed hereafter modern report  as to the time of the commencement of the term that be so plain fix to the  death of the mother as that it will admit of no proof for want of a clear  medium to prove it by and though a term may possible in some particular case  begin in equity before it do in law yet certain it can here where the mother  be entitle to the perception of the profit until the commencement of the term  but the chancellor will not give the defendant cost because the matter be  somewhat doubtful a it appear from the register book that afterward on the  wife and the trustee consent in court the husband be allow to raise fifteen  hundred pound which be a moiety of the portion by mortgage the reversionary  term to supply his occasion in trade S c Peer wms notorious facts a modern  report trinity term the five of George the first in the court of chancery  Thomas Lord Parker Lord chancellor sir Joseph Jeykll Knt master of the roll