case holt versus Burleigh vern S c by marriage settlement there be a proviso  that if the wife shall happen to survive her husband not have issue or without  issue lawful beget between they the wife to have power to dispose of such land  the husband die leave issue some year after that issue die without issue and  then the wife sell those land and hold she have sufficient power a man make a  settlement upon the marriage of his son with one b and inter alian there be  this proviso videlicet provide that if the say b shall happento survive her  husband not have issue or without issue of their two body lawful beget between  they b to have power to sell and dispose of such land the husband die leave  issue some year after that issue die without issue and then the wife sell  those land now this bill be bring by the heir at law of the husband to have  the deed and write from the vendee as not come in pursuant to the power for  himit be insist that the husband leave issue the wife do not survive her  husband not have issue or without issue and therefore the power never take  effect my Lord chancellor say there be no occasion in this case to make any  artificial construction of the proviso for that the word thereof fall in  natural with the meaning of the party and give her a power precedent in  chancery to sell when the issue fail for where a estate be make to a man and  the heir of his body and if he die without issue or without heir of his body  the remainder over this be a good limitation whenever the issue fail though in  that case if he leaves issue he can proper be say to die without issue but  this be a much strong case for death be a single act and to be perform but  once and though the issue die without issue a year after you can say he die  without issue because he actual leave issue and yet a limitation over in such  case be good but here survive be a continue act and she survive her husband as  much a year after his death as she do the first moment and therefore if the  issue fail during her life she actual survive without issue or not have issue  because the issue fail during her survivorship which continue after the  failure of issue and this be the plain and natural meaning of the word and  agree with the intention of the party which be to give her the disposal of so  much land in case the issue to be provide for by the settlement fail and  therefore dismiss the plaintiff bill note the case cite be Leon Leon side and  lev goodyear versus clerk Goodwin v clerk Fearne S c cite precedent in  chancery de boundary S the number three in curian porter