ambler case shepherd against ignorant see in re Jeffere burt v Arnold Ch  bequest of residue of real and personal estate to the child of a equal with a  bequest over thereof to other person if a shall die without leave issue this  be a vest interest defeasible and the child as they be respective bear shall  take the accrueing interest equal l lib Reg b foe nom shepherd v shepherd in  chancery that July Mr shepherd of Exning in Cambridgeshire by will give all  his freehold leasehold and copyhold estate and also his personal estate to  trustee to hold to they their executor administrator and assign in trust to  pay certain annuity and legacy out of the rend and profit of his personal  estate and in case of want of sufficiency of personal estate then out of the  rend and profit of his say real estate I and as for and concern all the rest  residue and remainder of his say real and personal estate of what nature or  kind soever after provision make for payment of the say annuity and legacy he  give the same to such child or child as his daughter Frances Gibson otherwise  Frances shepherd who be his natural daughter to who he have give the great  part of his estate shall have of her body lawful beget whether male or female  equal to be divide between they share and share alike take upon they the name  of shepherd but have make no provision for the disposal of the rest residue  and remainder of the say real and personal estate in case his say daughter  Frances Gibson common call Frances shepherd shall die without issue of her  body ambler er p lawful to be beget then he give the same after payment of the  say annuity and legacy unto Christopher Jeafferson and Joseph pike equal to be  divide between they share and share alike they take the name of shepherd by a  codicil that September he revoke the bequest to Jeafferson and declare that he  shall have no benefit from the residue of his estate and devise the same to  Samuel shepherd and the say Joseph pike equal to be divide between they for  their life and direct that the annuity which shall fall in shall go back to  the residuum of his real and personal estate and be equal divide between  Samuel shepherd and pike provide his say daughter shall die without leave  issue of her body lawful beget ambler but in case his say daughter shall leave  at her death any child or child then such annuity as shall fall in shall be  divide among such child or go to such only child and his will be and he desire  that the say codicil shall be and be adjudge to be part and parcel of his say  last will and testament the bill be bring by Frances Gibson who be then under  age and unmarried to establish the will and to have the opinion of the court  and direction with respect to the trust and upon hear of the cause on that  June vide Gibson v Roger ante S t Cox ms d d p Ves before Lord Hardwicke the  court direct that if there shall be any surplus of interest arise on any of  the fund after payment by the say decree direct to be make thereout the same  shall be lie out in south sea annuity subscribe in the name of the  accountantgeneral to the credit of the say cause on account of the personal  estate subject to the further order of the court and declare that the same  ought to go accord to the bequest in the testator will of the residue of his  personal estate and after direct in case of a deficiency of the personal  estate to answer the legacy and annuity that such deficiency shall be make  good out of the rend and profit of the real estate his lordship order that  such rend and profit shall from time to time be pay into the bank in the name  of the accountantgeneral and that the surplus shall be accumulate and lie up  when the same shall amount to a competent sum be place out at interest in the  AccountantGenerals name and subject to the contingency in the testator will  and that the interest and dividend that shall arise therefrom shall when they  amount to a competent sum be place out in like manner and his lordship declare  that no part of the surplus rend and profit of the testator real estate be  descend to or belong to Elizabeth Roger the heir at law but the same be  subject to the trust and contingency in the will and any person that may be  entitle thereto accord to such trust and contingency be to be at liberty to  apply as any of such trust shall arise or contingency happen ambler afterward  Frances Gibson marry Ingram now Lord Irwin on d August and there be three  child of the marriage all infant bill by the plaintiff be two of those child  the other be make a defendant to have a account of the profit of the residuum  of the real and personal estate as constitute under the former decree from the  birth of the old child and that so much as become due from the birth of the  first child till the second be bear may be declare to belong to the first and  after the birth of the second till a three be bear to belong to the first and  second child and that so much as become due from the birth of the three child  may be declare to belong to all the three child for the plaintiff it be argue  that the residue be give to the child defeasible in case they shall all die  before lady Irwin their mother for the defendant shepherd and pike it be argue  that the child take no interest in the residuum in the lifetime of their  mother but that the whole be contingent till her death and that the interest  and profit be intend to accumulate in the mean time Lord chancellor  Northington be very clear of opinion that the daughter take a defeasible  interest in the residue and put the case of a legal devise of the residue to  the daughter with a subsequent clause declare that if all the daughter shall  die in the lifetime of their mother then the residue shall go over that will  be a absolute devise with a defeasible clause and the daughter will in that  case be clear entitle to the interest and profit till that contingency happen  and decree accord to the prayer of the bill with liberty to apply in case of  the birth of any other child that a devise over upon a contingency do not  prevent the share of legatee from vest in the mean time provide the word of  bequest be in other respect ambler er p sufficient to pass a present interest  see skey v barn Meriv Sturges v Pearson mad Bromhead v hunt I W mill v Norris  Ves lion v Mitchell mad Deaney test Ves Davidson v Dallas Ves Lowther v  Cavendish ante Bartlett v Hollister ante Salisbury v lamb ante tissen v tissen  p wms mill v Norris Ves Montgomery v Woodley Ves so in the case of a residue  give so as to be vest but not Payable till a future contingency and in the  event of that contingency not happen to be divest the legatee shall be entitle  to the profit till the contingency happen Nichols v Osborne p wm chaworth v  Hooper bro c c Hawkins v comb bro c c skey v barn Meriv leak v Robinson Meriv  bird v Hunsdon Swanst so a legatee for life of a residue be entitle to the  interest from the testator death angerstein v Martin t r Howell v morris ib  but where the bequest of the residue be contingent the interest will  accumulate till the happen of the contingency Trevanson v Vivian Ves bullock v  stone ib Montgomery v Woodley Ves Glanville v Glanville Meriv with respect to  legacy other than of a residue the general rule be that when they be Payable  at a future time the legatee will not be entitle to interest before that time  roper leg pre Ch Lloyd v William atk Feath v very atk leak v Robinson Meriv  except where the legatee be the child of the testator Crickett v Dalby Ves  Chamber v Goldwin Ves pet v fellow Swanst n Coleman v Seymour Ves or one to  who the testator have put himself in loco parent Beckford v tobin Ves hill v  hill v b and have no maintenance provide by the will raven v wait Swanst winch  v winch Cox Mitchell v bowyer Ves Carey v askew Cox see martial v Holloway  Swanst