Barnardiston Atkinson and turner June where a legacy shall be say to be a vest  interest before the party attain his age where a real estate shall be say to  be vest in Richard turner make his will and thereby give to Christopher  Atkinson and other pound pound whereof he appoint to be pay out of a sum of  money then due to he from Gregory and the remainder out of the rest of his  personal estate and will that the pound shall be pay to they equal and to  their son at their respective age of twentyone year and to their daughter at  their like age or marriage or so soon after as the same shall be get in with  such interest for the pound as shall be receive for the same after his decease  which interest he direct shall be apply for the plaintiff education and  maintenance and if any of they shall die before the share of the pound and the  interest shall become due that then the share of such of they so die shall go  to the survivor in eke equal share and far the testator take notice that he be  entitle to three eight part and share of the jointstock and Trade in  copartnership of a common brewer carry on in the cross key brewhouse between  he and Collinson and Gregory he thereby give two part of the three eight part  to Richard turner a infant subject to the agreement of the partnership or such  copartnership as shall at his death be carry on in this brewhouse provide  Richard turner the infant shall live to attain his full age of twentyone year  but if he shall happen to die before he shall attain that age then the  testator give the two eight part among the plaintiff in the manner as the  pound be give and the other three eight part of the testator partnership stock  he by his codicil give to his kinsman Thomas north who since sell the same and  the testator by his will and codicil give all the residue of his personal  estate to the plaintiff and William wall decease to be pay to they in like  manner as the pound be to be Barnardiston pay and direct that in case any of  they shall happen to die before their share become Payable the share of such  of they die shall be pay to the survivor of they in like manner and appoint  William Cort and Thomas inwen executor in Thomas turner and Richard his son  exhibit their bill against Cort and inwen as executor of the testator against  Collinson and Gregory his copartner Thomas north his legatee and other who be  next of kin to the testator who insist they be entitle to the interest of the  two eight of the copartnership effect as be a undisposed part of the testator  estate and pray among other thing Barnardiston er p that the executor may  account to they in the right of the infant for the interest and produce of the  two eight arise from this brewhouse this Cause be hear before the late Lord  chancellor who thereupon decree that the partnership shall be carry on by  Collinson and Gregory for the benefit of all party and that such account shall  be take of the profit of the partnership until the time of the decree as  therein be direct and as to the two eight part of the copartnership Trade and  of the debt due to the same and of the profit that may arise from the same  during the minority of Richard turner the infant after deduction of the debt  and loss his lordship declare that Richard turner the infant will be entitle  unto the same if he shall attain his age of twentyone year and liberty be give  by the decree for all party to resort to the court for far direction as  occasion shall require Richard turner the infant die in October be then of the  age of twelve year only unmarried Thomas turner the infant father take out  Administration to he and under that right insist upon it that he be entitle to  all the benefit that be make of the two eight of the partnership stock that  accrue after Barnardiston the death of the testator and before the death of  the infant thereupon the present bill be bring by Christopher Atkinson and  other who be entitle to the principal in the two eight of the stock against  Cort the executor of Richard turner the original testator against the  administrator of Richard the infant against Collinson and Gregory the  copartner in this Trade and against Jacob Thomson who be a trustee for a  sharer in this stock pray among other thing that Cort the executor may account  to the plaintiff for the interest and produce that be make in the two eight of  the stock after the death of the testator and before the death of the infant  Mr Hoskins argue on the part of the defendant and for authority cite I vent  salk lev and I roll Abr cite in that case in levinz his honour say that the  only dispute in the present case relate to the intermediate profit of the two  eight of this brewer Trade arise after the death of the testator and before  the death of Richard turner the infant for as the infant be dead there be no  sort of doubt but the capital of the two eight of this stock belong to the  plaintiff this question whole depend upon the consideration whether during the  minority of the infant the two eight ofthis stock be a vest interest in he or  not this sort of question concern vest interest have come before the court in  a great many shape relate both to real and personal estate but there seem to  be a prodigious difference whether such question relate to real or whether it  relate to personal estate for when it relate to real estate the court always  favour the vest of the interest by reason of the great inconvenience in have  the freehold to be in abeyance but in the case of personal estate there be no  such inconvenience and therefore it stand indifferent whether in that case the  Barnardiston estate be to be vest or not but before it be proper to give a  opinion whether the interest be vest or not a previous question be necessary  to be consider whether the point have not already be determine by the former  decree but as to that his honour opinion be that it have not it be indeed true  that on the hear the former Cause the late chancellor certain incline to think  that the share f the two eight in this stock be not a vest interest but the  decree that his lordship there make be not such a one as can be plead in bar  to the present demand to make a decree to be such a one as that it may be  plead in bar it be necessary that it shall bind both party but that it can not  do in the present case by reason that the plaintiff in this Cause be not party  to that suit and the decree be word in such a manner as to prevent determine  that point the principal question there be whether Cort the executor shall be  oblige to carry on the partnership or not Cort insist that as executor he can  not be oblige to do it for the benefit of the infant and in reality Cort have  a mind to determine the partnership in order to carry on the Trade himself the  court decree that he shall carry it on and shall not determine the partnership  but will not determine the point whether in all event the infant will be  entitle to the profit and that appear by these word in the decree whereby his  lordship determine that the infant will be entitle to they when and if h shall  attain to his age of twentyone have the infant be absolute entitle to they his  lordship will have direct that the infant shall have a maintenance out of they  in the Barnardiston er p mean time which he have not do this matter then  relate to the decree be lie out of the case his honour say he will now  consider the question beforementioned whether this be a interest vest or not  and his opinion be that it be not in the case of wither and king which be in  the house of lord all the pain be take to make the interest there Barnardiston  to be a vest one that possible can be but it can not be do have this be a  money legacy there be no sort of doubt but that it will not have be a vest one  till the infant attain his age and his honour see no substantial difference  between that case and the present one he say that he think it be dangerous to  admit of nice distinction in these sort of case between one chattel interest  and another and that it be best to abide by a general rule and so his honour  be please to decree accord