a by will duly execute devise to his wife Elizabeth pound to be pay in six  month after his death in case she shall in that time at the charge of his  executor and by such deed as they and their counsel shall advice release all  right of dower and claim whatsoever that she may have out of any estate he die  seize or possess of and by his will charge all his estate real and personal  with the payment of this legacy the testator die and before any release be  tender to the widow by the executor or any refusal or declaration on her part  that she will not execute a release or accept of the legacy give by the will  in satisfaction of her dower or other claim out of her husband be estate she  die within the six month which be the time limit by the will for payment of  the legacy and for her execute the release a bill be bring by the  Representative of the wife and the question before the master of the roll be  whether this be a legacy vest in the wife so as to pass to her representative  the attorney general pro quer insist that it be a vest legacy it be give to  the wife by express word although Payable at a future day and come within the  reason of those case which be determine every day in this court where legacy  be give Payable at a future day and although it may be object that he have  charge his real estate with the payment and therefore the legatee die before  the day on which it be appoint to be pay it shall sink into the land in this  case the devise be not mere a volunteer she be in the nature of a purchaser  and so the legacy be give to her in consideration that she relinquish her  dower and all other claim which she have out of his estate and it be not the  fault of her that the release be not yet execute she have never refuse and the  executor be to do the first Act for she be to execute such deed or release as  they shall advice and it be their duty to have prepare a release and tender to  her there be no other way to forfeit or lose the legacy but refuse to comply  with term impose by the will which she have not do sir Joseph Jekyll master of  the roll the question in this case be whether this be a legacy Payable at all  event or not which plain it be not for it be in her power whether she will  comply with the equity case abridge term on which the legacy be give she may  have refuse to execute a release of her dower and then to be sure the legacy  never vest it be no more than a overture of the husband to buy out her dower  for it be give in lieu and compensation of it I think the condition be annex  to the body of the devise and although the executor be to do the first Act by  prepare a release and tender it to her to be execute yet it be in her power to  have refuse and she have her election either to take the legacy or stick to  her dower if the executor have not prepare the release and six month have  elapse without any Act do by the executor or request make by they within that  time and the widow have survive that time I shall have think that at the end  of the six month the legacy have vest it be insist by the attorney general  that although the real estate be charge as well as the personal with the  legacy yet to take oft from the objection that the legacy arise out of land  and the legatee die before the time of payment that it shall not be raise he  say the personal estate be also liable and therefore if it be a vest legacy it  ought to be answer out of the personal estate as far as the same can extend  but the court declare it not to be a vest legacy his distinction be not  consider July Wheddon and oxenham at the roll ms rep equity case abridge er p