brown case Francis Seagrave et Ux Appellants james Eustace respondent saint  march Mews dig xv a devise his estate to his wife she maintain his four young  child but if she marry she be to enjoy but one half and the young child be to  have the remainder the wife do maintain the child and do not marry hold that  she be entitle to the whole estate so devise viner vol p can Eq can ab can  Alexander Eustace Esq have four child by Catherine his wife namely the  appellant mary Maurice Thomas and the respondent by his will date the that of  January devise to his say daughter mary out of the rend of certain land  therein mention pound to be pay to her use by pound yearly until the say sum  be full satisfy and direct that the say mary shall be maintain in his house as  former until the say portion be pay and after payment of this and some other  legacy the testator direct that his interest in the say land shall go to and  be divide between the say Katherine his wife and the respondent but the  testator be possess of a considerable personal estate which he have not  dispose of by his will make a codicil of even date therewith and by such  codicil he devise his say personal estate in the word follow item my further  will be beside what I have former declare that my wife and young child shall  have and enjoy all those the town and land of caragh and Gingerstown with the  mill and all other appurtenance belong unto they together with all my stock of  sheep and weather and all my cow and mere garrans corn in ground or to be in  ground by the saint of may next and all my household stuff plate pewter linen  and all other household stuff of what kind soever my say wife maintain my four  young child and if she marry to enjoy but one half and my young child the  remainder and do appoint her my say wife sole executrix in the testator die  whereupon the widow possess all his personal estate and great improve the same  so as in a few year to purchase a estate of pound per and she also maintain  the four young child in a very proper manner and upon or soon after the  intermarriage of the appellant pay they the say portion of pound Katherine the  widow do not marry again but have survive her two son Maurice and Thomas die  in the year intestate whereupon the respondent administer to her and also to  his father and two brother and thereby possess himself of the whole property  in Trinity term the appellant exhibit their bill in the court of chancery in  Ireland against the respondent for a account of all the testator personal  estate and to have the brown appellant mary share thereof as one of his four  young child on the saint of November this cause be hear and on the that of  that month this court declare that Katherine the mother be entitle to the  whole estate so devise to her and her child she have maintain they and  therefore order the plaintiff bill to stand dismiss from this decree the  plaintiff appeal insist f page that the devise be joint to the wife and all  the young child the appellant mary become entitle to a equal share and  proportion of the estate so devise and that the court ought to have decree a  account and satisfaction thereof accord on the other side it be contend r  turner that if by the word of the codicil the young child be to have anything  but maintenance they be entitle to four part in five and the mother to a five  only whereas if she marry which be the only thing fear and provide against she  will be entitle to a moiety that this can scarce be imagine to have be the  testator intention and therefore the true construction of the codicil must be  that if the wife maintain the child she be to have the whole but if she marry  again then one moiety be to be take from her for the benefit of the child  brown er p accord after hear counsel on this appeal it be order and adjudge  that the same shall be dismiss and the decree and order therein complain of  affirm jour vol p