case savoury against dyer Lincoln inn hall Feb pound see bend v cologne l r Ch  annuity out of personal estate devise to a during life of his executor a die  in the life on the executor the annuity do not cease but go to a s executor  aliter if such devise of annuity charge on real estate lib Reg b foe b S c Cox  ms d d dick hill ms Richard dyer by will give to his kinsman John savoury  during the natural life of his executor one annuity or yearly sum of to be pay  he by his executor by equal quarter payment to commence from his decease and  appoint a b executor John savoury die after the testator in the lifetime of  the executor whether the annuity determine on his death or be transmissable to  his executor Lord chancellor Hardwicke after argument the whole depend upon  the question whether the annuity determine on the death of the annuitant shall  lie down some postulate saint this case must be determine ambler on the rule  of law the same as a grant will be for there be no particular direction in the  will to show it shall be a mere personal annuity as in that case cite out of  Prec in Ch Neal v Hanbury nothing arise from intention d it be to be consider  as a annuity arise out of the personal estate consequent it be a personal  annuity and the real estate by this will can be charge with it or if it be it  can only be consider as a security or supplemental fund to the personal estate  be of opinion the annuity do not determine both upon the reason of the thing  and the case determine No authority in point have be cite at the bar though I  have find one or two that come near it a annuity be a personal thing and in  order to be give to another want no word of limitation if it be to continue  after the death of the annuitant it go to his executor see post there be a  difference between a annuity exist at the time of the will and one create by  it de to make new see in turner v turner post if one give by will a annuity  not exist before to a a shall have it only for life for if a may give it to  his executor it may go from executor to executor for ever if personal annuity  will go so how will it be in case it be give to a during the life of b it be  say that as without these word videlicet during the life of b it will go to  the devisee for his life so these word be a restriction on the estate and make  it a joint estate for both their life consider the reason if a rentcharge out  of land be grant it will be so from necessity it shall determine with the life  of the grantee the reason it be a realty and can go to the executor wms it can  go to the heir because it be not feesimple tail nor conditional nor do be take  nominati there can be any occupancy die cro Elizabeth because it do not lie in  prendre there be no necessity for the law to cast the freehold in any body as  in the case of land no body can take hold v smalbrook see if the reason ambler  of the case of rend hold in personal annuity they do not the executor can take  personal annuity if a die in the lifetime of b what necessity then for  determine it on a s death the executor take afford a answer to the argument  make by defendant counsel that the word during the life of b be a restriction  on the estate for life of devisee such restriction can only be by implication  and as the testator have give a express limitation it destroy that implication  Ro Abr pl one possess of a term grant a annuity general and hold it be a grant  for the whole term Cossby v Hickford vern determine on the authority of the  former there be no difference between those case this do not differ from many  case on a will suppose one give the interest on a bind or a sum of money to a  during the life of b a die in life of b shall not his executor have the  interest during b s life there can be no doubt but they shall I be of opinion  that the annuity be continue and that John savoury executor shall have it  during the life of the testator executor be not concern whether the law be so  for it seem to agree with the intention of the testator decree for plaintiff a  account c V Rawlinson v duchess of Montague vern ambler er p in smith v Pybus  Ves countess of Holderness v marquis of Carmarthen bro c Priddy v rise mere  turner v turner post week v peach Lutw see palmer v Crauford Swanst