case Weedon versus fall February before Mr justice Parker at the roll now Lord  chief baron Samuel Parker by will give pound to trustee to be place out at  interest or on a purchase and then to permit his wife to receive the interest  during her natural life and after her decease to divide the whole principal  with all interest among his four child share and share alike and the survivor  of they but not before they attain or day of marriage constancy the plaintiff  wife who be one of the four child attain but die in the lifetime of the mother  so that the division of the pound can not be make till after her death the  trustee lie out the great part of the money in the purchase of freehold and  copyhold and lend another part on bind Mr justice Parker hold this be a vest  interest in constancy and that survivor mean such as shall be live at the  death of the child before and not such as be live at the death of the mother  and that the representative of constancy be entitle to a four of the bind and  a four on the whole in government security and which have not be invest in  land Samuel Parker by his will date the that of September give the sum of  pound to his fatherinlaw John fall and to Elizabeth Parker his wife upon and  in trust to put the same out to interest or otherways upon some purchase as my  say trustee and the survivor of they shall think fit and then to permit my say  wife to receive all interest benefit and profit as shall accrue arise from or  become due for the same to her own use during her natural life and after her  decease to divide the whole principal with all interest and profit among my  four child share and share alike and the survivor of they but not before they  shall have respective attain the age of one and twenty year or day of marriage  which shall first happen for my mind and intent be that if any of my four  child shall die before they attain their age of twentyone or day of marriage  that his her or their share so die shall go and be equal divide among the  survivor of they atkins constancy the wife of the plaintiff and one of the  four child of Samuel Parker attain her age of and die in in the lifetime of  her mother so that the division of the can not be make till after her death  the first question be whether a interest vest in constancy the wife of the  plaintiff and transmissible to he as her representative or whether it be to be  consider as a contingent interest during the life of the mother and not  transmissible to the representative of constancy till after the mother death  the trustee after the death of the testator lie out the great part of the  pound in the purchase of freehold and copyhold land in Stepney and Ratcliff in  Middlesex to the use of the trustee their heir and assign for ever but by  diverse declaration of trust declare the purchase be make for the use under  Samuel Parker will concern the the residue be lend to John Robinson on bind  the second question be what the nature of the power be that the trustee have  under this will whether they be bare trustee or whether they can alter the  nature of the property and by vest it in land make it cease to be money and go  to the heir at law instead of be divide in equal share among the child Mr  justice Parker as to the first question it seem to I very clear that this be a  interest vest in constancy at her age of and the word survivor of they in the  latter clause plain mean such survivor as shall be live at the death of the  child before and not such as be live at the death of the mother and as the  contingency therefore have not happen it certain vest in constancy and will go  to the plaintiff as her representative Heurtley v mason Amb the word upon  which the point in the second question arise be equal clear to give a power to  they to lie out the in the purchase of land so Earlom v sander Amb and it will  have be improper if they have buy only term for year as it be a less  beneficial property I do agree that it must be take accord to the natural  meaning and intention of the testator at the time of his death vide comb v  comb post and no alteration in circumstance afterward can empower a trustee to  vary that intention but I be clear in this case that the trustee have pursue  and not act contrary to their power atkins er p I see no difference between  money leave absolute to the person himself or to another in trust for he it  equal vest in the beneficiary and trust when the contingency happen upon which  it become Payable atkins the civil law have make a distinction where a legacy  be charge upon land and where it be to be pay out of a personalty in the  former if express say to be Payable at and will vest though the legatee die  before that age if issue out of personal estate Seadman v Palling post vol yet  in favour of land it shall sink into the land unless the legatee actual arrive  at prowse v Abingdon ante vol Cox note to chandos v Talbot p W har   Litt a  note do not know what ground this law go upon in make this distinction between  a legacy vest when charge upon personal and when charge upon real estate but  it two a settle distinction now and therefore can be dispense with in any  particular case so as to let in the representative of constancy to a four of  the value of land purchase by the trustee Mr justice Parker declare that the  plaintiff be entitle to the sum of pound S as her share of the pound not place  out in land together with interest for the same from the time of the death of  Elizabeth Parker the mother and order and decree that the defendant John fall  the elder and John fall the young do pay the same to the plaintiff accord and  it be further order that the plaintiff bill as to all the other relief seek  thereby do stand dismiss out of court Reg lib b fol