case mile v leigh November the that at the roll SC vin Abr pl vin Abr pl pl n  h l the plaintiff father be seize in fee of several land devise they to his  wife for life and then to his son Robert and his heir and give to the  plaintiff a legacy of pound to be pay to her in a twelvemonth time after his  son Robert shall come to enjoy the premise and if Robert die before his mother  then that Henry another son come to the possession thereof and survive his  mother shall pay the plaintiff pound atkins er p Robert and Henry die before  the mother but Robert leave a son the defendant against who the bill be bring  for the legacy a decree for the legacy at the roll with interest at per cent  from a year after the death of the mother and upon appeal to Lord chancellor  decree affirm Henry leigh the plaintiff father be seize of a message call hill  and of another message call Boreys the testator be seize of this message in  tail with land in somersetshire of pound a year and also possess of personal  estate make his will the d of march and in the outset thereof say all my  worldly good I give to Joan my wife and the premise aforesaid he devise to her  for life and then to his son Robert brother of the plaintiff and his heir for  ever and to the plaintiff by the name of his daughter mary a legacy of pound  to be pay her in a twelvemonth time after his son Robert shall come to enjoy  the premise and if Robert shall die before Joan then that Henry another son  and the brother of the plaintiff come to the possession of the premise and  survive his mother shall pay to the plaintiff pound and make Joan executrix  Robert and Henry die before Joan but Robert leave a son the defendant Henry  leigh and nephew to the plaintiff to who she apply for the legacy and upon his  refuse payment bring her bill against he to pay what be her due for the legacy  or in default thereof that the defendant may deliver possession of the premise  the master of the roll decree that it be refer to a master to see what be due  to the plaintiff for her legacy of pound and to compute interest at pound per  cent from a year after the death of Joan leigh and the defendant to pay what  shall be find due or in default thereof the defendant be to account for the  rend of hill tenement and that hill tenement be sell as to the message call  Boreys the bill be dismiss Reg lib b fol atkins on the that of July this cause  come on before his lordship upon a appeal from the decree of the master of the  roll Lord chancellor I think the will obscure pen but the construction must be  agreeable to the intent of the whole will take together and upon that  consideration I be of opinion the decree at the roll be right the word the  testator use in the disposition of his personal estate worldly good be a  extensive description thereof and then the first question will be whether by  the word and intent of the testator the legacy be a charge on the real estate  I be of opinion it be and that no other part of the estate but the real be  charge with it the testator break the descent and his son Robert take only a  remainder under the will and the clause of the legacy to his daughter mary be  to be construe just as if it have follow the clause of the devise to Robert  and his heir and therefore be a condition annex to the estate and condition in  will be often construe so from the nature of the thing itself where the word  mere of themselves be not conditional as in the case of adverb of time and  here be adverb of time direct the particular time of payment and the word then  have often be construe a condition it be object that it be not say to be pay  out of the estate at hill nor be it say by who it be to be pay atkins but  there be many case where it be neither say to be pay out of the estate nor by  who yet have be consider as a charge upon the estate where the general intent  of the testator have appear but here the whole will be take together the  subsequent clause direct Henry to pay he come into possession c be a plain  declaration of the testator intent that the person who possess the estate  shall pay the legacy the testator intend it shall come out of both estate and  he have charge his son in respect of the whole estate he be to have and that  be general the rule of proportion in charge the son for young child fortune in  respect of the value of the whole estate that be to come to he the word be I  think sufficient to charge the real estate and as to the personal it be give  absolute and entire to the mother she may spend it or do what she please with  it nor be the legacy give to be pay at the particular time of the death of the  mother so that it be impossible to imagine that can be the fund intend by the  testator see walker v Jackson post vol the second question be whether the  plaintiff legacy be a contingent charge for it have be insist on by the  defendant counsel that it depend on the con atkins er p tingency of Robert  personal enjoy the premise but the construction must be when the devise to  Robert take effect and the present defendant claim under Robert and the  condition will bind the heir if the devise so take effect as that he must  claim under the ancestor as much as if the ancestor himself have take in  possession see mark v mark stram Ves as to the satisfaction say to be receive  by the plaintiff from the mother that depend on the question whether this be a  legacy Payable out of the personal estate but this never be so nor be the  personal estate liable for if it have be intend there will have be no occasion  to postpone the payment of the legacy till the estate call Boreys and hill  come into possession decree affirm Reg lib b fol