case ball versus smith a man have daughter by his first marriage die leave his  second wife enseint have first devise part of a trust estate to his wife for  life and if the child she go with prove a daughter then the trustee to convey  to his daughter and to pay they the profit in the mean time the child the  testator second wife go with prove a daughter what estate shall the wife take  by this devise Thomas smith on his first marriage settle a term of five  hundred year in trust to raise for the daughter of that marriage Payable by  rend profit lease or otherwise at eighteen or marriage and marry a second wife  the defendant smith and on that marriage make the like Vernon chancery case  settlement and provision for daughter in like manner he have only the  plaintiff mrs ball by the first venture and leave his wife enseint by his will  in devise part of the premise to the defendant mrs smith for life and in case  the child she go with prove a daughter as it do he devise the estate to  trustee and direct they to convey forthwith to his daughter and pay they the  profit equal in the mean time Mr smith the testator die in and the plaintiff  have in attain her age of eighteen bring her bill inter alian to have the  pound raise and pay and the decree by the Lord summer as draw up direct a  account and decree the profit from the death of the father in the defendant  petition for a rehear she complain that by this mean he profit be take from  her though devise to her for her life and the profit intend for the  maintenance of his posthumous daughter foul smith Lord chancellor the wife  ought not to quit what be devise to her for life but as to the daughter the  will be not plain and express and therefore the wife shall not hold over for  the whole but shall deduct a reasonable allowance for maintenance smith the  father make his son executor but make no disposition of the surplus the son  die without prove the will Vernon chancery case er p question be when and to  who distribution shall be make whether to the widow and son of old smith or  whether the son die without probate the distribution shall be among the next  of kin at that time Vernon chancery case Lord chancellor smith be dead  intestate ab beginning post p S c