c gerard v gerard S c vern Eq can ab Lord keeper portion when due sir Ch  Gerard of harrow upon his marriage with the duke of Somerset sister and in  consideration of pound portion settle a estate to the use of himself for life  and then to his lady for life and so to his first and other son in tail and if  he shall have no issue male live at the time of his decease then to the use of  trustee for year upon trust to raise pound for such issue female if but one at  her age of twentyone year or day of marriage which shall first happen after  the decease of sir Charles and his lady so as that if such marriage be have in  the lifetime of her parent or grandparent the same shall he have with the  consent of the parent or grandparent sir Ch Gerard die and the daughter arrive  at the age of twentyone year in his lifetime and my lady the mother be still  live and the daughter prefer her bill for to have her portion raise it be  object by the defendant counsel that this ought not to be raise till after the  decease of my lady because this term do not take effect in possession till  after her death and it be appoint to be raise out of the rend and profit c it  appear by the register book that this et the other include a power to raise  the money by mortgage freeman and if it may be raise in the lifetime of the  mother it may so have be in the lifetime of the father which will be very  unreasonable but to that it be answer and hold by the court that in this case  it can not be pretend to be raise in the lifetime of the father because the  term which be the fund to raise it rest in contingency till after the death of  the father because the term be to vest upon his die without issue male and his  leave issue female but where a term do vest though it be in reversion after  the decease of the father yet when the money be make Payable at a certain time  as at the age of twentyone or marriage there it have be decree to be raise  even in the lifetime of the father and so it be in the case of my Lord Tracy  and a case of Heliard and Jones be cite where it be so resolve in a appeal to  the house of lord and although the first clause for payment of the portion  have it stand single have be pretty plain that it can not have be pay till  after the decease of the father and mother yet by the subsequent word it seem  to be intend that it shall have be pay in their life time upon marriage in  case such marriage be have with consent and so the intent appear see ante c p  note and append c upon the whole deed and be for a portion it be order to be  raise by sale the Reg lib have it by mortgage or sale in case sir Ch Gerard do  not pay it the principal case be cite and approve in Sandys v Sandys p wms  Staniforth v Staniforth vern Corbet v Maydewell Charles Rep a similar decree  be make in greaves v Mattison t Jones by Pemberton c I and dolben and Raymond  I I Jones I to differ the question seem settle to the extent which the  authority cite have go but both Lord Cowper and Lord Macclesfield when  successive chancellor declare that have it come before they as res integral  they will not have go so far and that certain they will not go a jot far see  butler v Duncombe p wms Reg lib a fol the court decree that in case the  defendant sir Francis the nephew of sir Gerard who claim the settle estate as  remainder man under the say settlement shall within twelve month thereafter  pay unto the plaintiff her say portion of pound with interest from the time  when her bill be exhibit then the say defendant shall hold and enjoy the  premise charge with the say pound by the settlement discharge of the term of  year but in default of such payment at the time fix it be further decree that  the survive trustee of the say term of year shall by mortgage or sale of the  say trust estate and term or so much thereof as shall be necessary raise the  say portion of pound with interest and pay the same to the plaintiff freeman  er p