case trafford ux versus sir ralph ashton all discuss driver v frank m S taunt  Radford v Willis l r Eq Eq can ab pl S c a devise to trustee in trust for his  daughter for life remainder to the second son of her body in tail male and so  to every young son with remainder over there be two son b and c b die and  after his death c be bear c though a only son shall take he be the second son  in order of birth and as the will be word not to be exclude Mr vavasor have a  only daughter article to pay pound portion and sir Ralph be to make a  settlement after this Mr vavasor make his will and devise all his estate to  trustee in trust that his daughter may receive the profit for her life  remainder to the second son of her body to be beget in tail male and so to  every young son in default of such issue male to her old daughter and to the  first son of her body take on he the name and arm of vavasor and add that he  do not by his will devise the estate to the old son because he expect his  daughter will marry so prudent as that the old son will be provide for sir  Ralph Ashton after have notice of Mr vavasors will marry the say daughter of  vavasor and make a settlement on her pursuant to the say article by which he  be to have a portion of pound it fall out Edmund the first son of the lady  Ashton die in twelve month after his birth Richard the second son live till  eighteen and die without issue and be not bear until after the death of Edmund  Lomax v Holmeden p wms Coleman v Seymour ves question first whether Richard  not be bear till after the death of Edmund be second son within the intent of  the will second whether he be not to take on he the name of vavasor three  whether the article ought to be perform Lord chancellor first Richard be a  second son and must take although not accord to the testator design but as the  will be word not to be exclude the second son be the second in order of birth  the bill be by Humphrey Trafford who marry whether the other plaintiff the  granddaughter of old vavasor the testator and the sister of Edmund and Richard  against her father for a account of rend and profit and for possession of the  premise devise by the will insist that Richard by the death of Edmund be  become a old son and have therefore no right to the premise in question r l  second Richard the second son die in minority not hinder from claim it be a  condition subsequent to defeat the estate and not precedent three as to the  article sir Ralph Ashton be entitle to the pound although he have notice of  the will of vavasor with interest accord to the article after the debt charge  on vavasors realestate shall be pay and satisfy r l the decree direct a  account of the personal estate of old vavasor and of the rend and profit of  the premise in question from the time of the testator death and as to so much  of the rend and profit as have be receive up to the time of the death of  Richard they be to be apply first in discharge of testator debt second of the  pound and interest to sir Ralph Ashton and three in payment of legacy as  therein mention and as to the say rend and profit receive since the death of  Richard and then in the tenant hand his lordship declare that the same do  belong to the plaintiff Trafford and his wife and do therefore order that the  same be pay to they accord and that the say defendant sir Ralph Ashton do  forthwith deliver up to the plaintiff Trafford and his wife upon oath all deed  paper and write in his custody or power relate to the title of the say  testator real estate and on a day therein name the defendant sir Ralph Ashton  be to deliver up possession of the same estate to the say plaintiff or to who  they shall appoint subject to the order of the court and the plaintiff and the  heir male of the body of the say plaintiff whether be to hold and enjoy the  say real estate for the future against the defendant and all claim under they  subject nevertheless to the further order of this court as aforesaid and the  plaintiff to have their cost pay by defendant sir Ralph Ashton to that time  and the future cost to wait the take the account Reg lib b fol Vernon chancery  case the negative word in vavasors will that he have not provide for the old  son c not sufficient to exclude Richard who be the second son by birth though  afterward he become the old Chadwick and doleman ante Vernon chancery case er  p