case Willoughby LIGHTBURNE and other appellant mary gill and another  respondent that February Mews dig ten xv see Holmes v godson de g m g I r I S  give the residue of his estate to his daughter c to dispose of as she shall  think fit but if she shall die unmarried or intestate then what be leave to  her shall go to his brother child c possess this residue and dispose of it in  make purchase and take security in her own name she afterward die intestate  and unmarried hold that all her personal estate belong to her next of kin and  that no part of it can be consider as the specific personal estate of her  father or go to his brother child in the year a treaty of marriage be enter  into between the Rev William Lightburne and Ann tailor widow and Mr Lightburne  be possess of a live worth pound a year and mrs tailor have a jointure of  pound a year settle on her by a former husband it be agree that no further  provision shall be make for her by way of jointure or otherwise but in order  brown to make some provision for the issue of the intend marriage a indenture  tripartite be execute previous to the marriage date the that of October  between the say Ann tailor of the first part the Rev archdeacon Wittingham and  Benjamin Everard Esq of the second part and the say William Lightburne of the  three part by brown er p which it be among other thing provide that the sum of  pound shall be raise in the manner therein mention for provide portion for the  child of the marriage to be divide among they in such share as the say William  Lightburne shall by deed or will direct or appoint but the interest of this  pound be to be pay to the say William during the joint life of he and his  intend wife and it be also provide that if there shall be but one child of the  marriage live at the death of William Lightburne then such child shall have  pound only and the residue of the pound or so much thereof as shall be raise  shall be and remain to the say William Lightburne his executor administrator  and assign the marriage soon afterward take effect and there be issue thereof  a son who die a infant in the lifetime of his father and a daughter name mary  Lightburne who survive her father the say sum of pound or pound part thereof  have be raise in pursuance of the settlement or by William Lightburne he  afterward lie out pound in the purchase of a house in church street Dublin and  pound in the purchase of a lease hold under Nicholas Lord bishop of raphoe of  the land of Enver in the county of donnegal mrs tailor have issue by her  former husband three daughter who be afterward marry videlicet the respondent  and Ann the wife of Joseph Dickenson and two son namely Warrenford tailor and  Robert tailor who all behave so disrespectful to Mr Lightburne that there  subsist to the time of his death a settle enmity between he and they insomuch  that he frequent enjoin his daughter not to hold any intercourse or  correspondence with any of they Mr Lightburne have a brother the reverend  Stafford Lightburne who have seven child such be the situation of Mr  Lightburne with respect to family when he make his will date the that of April  by which he bequeathe pecuniary legacy to the amount of pound and give to his  wife the use of the furniture of her own room and closet in his house on the  bachelor Quay in Dublin during her widowhood and he order the say house to be  surrender or sell to the best advantage and recite the settlement make on his  marriage and that pound be thereby appoint to be raise upon the trust  beforementioned and that he have but one child name mary and have lie out  pound and pound part of the sum of pound which she be entitle to under the say  settlement he declare that both purchase be make by he brown in trust and for  the use of his daughter and to improve her fortune and he do thereby leave to  his say daughter the sum of pound which she be entitle to under the say  settlement and all the rest of his worldly good effect and substance real and  personal to dispose of as she shall think fit but if his say daughter shall  die unmarried or intestate then what be thereby leave to her shall go to and  be equal divide among the child of his brother the reverend Stafford  Lightburne and he appoint his say daughter sole executrix of his will on the  that of July William Lightburne die leave Ann his widow and mary his daughter  who prove his will and possess herself of all his personal estate to the  amount of pound and upward but he leave no real estate part of William  Lightburnes personal estate consist of several particular which can be of no  use to his daughter be soon after his death sell and turn into money and there  be several debt due to he by simple contract and a sum of money lie dead in  the bank the same be get in and receive by mary Lightburne and lend out by her  on security at interest and some other debt due on security have be pay in she  from time to time lend out the same at interest upon other security or  otherwise dispose of the same as she think most for her advantage but so far  be she from have any intention to defeat her father will or deprive the  appellant of any right which they have or may have to his personal estate and  effect after her death in case she die unmarried or intestate that she  frequent declare she consider the appellant the child of the say Stafford  Lightburne the elder and their brother Stafford Lightburne the young since  decease as her heir at law and the person who be to have all she die worth and  whenever she be speak to about make a will she declare her father have make a  will for her and express herself satisfy and please with the disposition he  have make of her fortune in case she die unmarried and a little time before  her death she deliver to the appellant Deborah Barker all her security and  paper and all brown er p her key and in obedience to her father command she  decline not only during his life but after his death to have any friendship  intimacy or acquaintance with her half brother and sister and whenever any of  they intrude into her company or go to her as sometime the respondent and  their sister Ann Dickenson do in her sickness she appear uneasy and displease  at their company and often say she do not desire that one of they shall come  near her and order her nurse whenever any of they come to tell they she be  asleep or can not see they and so sensible be they of her disregard for they  and of her intention that her fortune shall go accord to her father will that  they frequent own that she can not bear to sit in the same brown room with  they and that the appellant be her heir and not they in the year mary  Lightburne die intestate and unmarried upon who death the appellant Willoughby  and Deborah Barker Harcourt Lightburne John Lightburne mary chamber and Hannah  Lightburne and the say Stafford Lightburne the young who be the child of the  testator brother the reverend Stafford Lightburne and nephew and niece of  William Lightburne become entitle under the will of the say William Lightburne  to the residue of his effect so devise over by he to the child of his brother  the say Stafford Lightburne the elder and as all the personal estate and  effect of which she die possess except some inconsiderable part which be give  to her by the will of her cousin Deborah davis and except what remain of her  portion of pound consist of the personal estate and effect of her decease  father the appellant Willoughby Lightburne obtain letter of administration of  the good and chattel of the say William Lightburne decease unadministered by  the say mary with his will annex in trust for himself and his brother and  sister and have be advice that under the particular circumstance of this case  he be also entitle to administration to mary Lightburne he controvert the  right of the respondent to such administration but the respondent as her next  of kin have prevail in that contest possess themselves of great part of the  personal estate and effect of which she die possess be chief the effect of the  say William Lightburne her father to prevent further dispute and expense the  appellant Willoughby Lightburne tender to the respondent pound the portion  which mary Lightburne be entitle to under the marriage settlement or the lease  of the house in church street and of the land of Enver which have be purchase  by her father in trust for her together with the sum of pound to make up the  money pay for such purchase the say portion of pound but the respondent reject  both these offer whereupon the appellant Willoughby several time propose to  refer all matter in difference between the respondent and he to the opinion of  counsel but these proposal be also reject in Hilary term the respondent as  administratrixes of mary Lightburne file their bill in the court of chancery  in Ireland against the appellant Willoughby and Harcourt Lightburne and  Deborah Barker and also against Daniel Cudmore in who house the say mary have  lodge charge among other thing that the defendant have get into their  possession several deed lease security and effect belong to mary Lightburne  and pray that the deed account lease and write concern the personal estate  which the say mary Lightburne die possess of or entitle to or which be in her  power at her death and come to the custody of the appellant may be bring into  court and that they may have a account of all her personal estate and a full  discovery of the respective quantity quality and value thereof brown and to  which of the defendant hand the same respective come that the respondent may  be decree a account against such of the appellant as have receive the say  personal estate and the profit rend of Enver and that the appellant may be  enjoin from receive such profit rend and from all proceed at law against the  under tenant for recovery of the same in easter term such of the appellant as  be defendant to this bill and Mr Cudmore put in their answer and on the that  of August follow the appellant Willoughby Harcourt and John Lightburne and  Stafford Lightburne the young prefer their cross bill against the respondent  state the several fact abovementioned and pray that the respondent may be  restrain from receive any of the debt which be due to the say mary Lightburne  at her death or which have since accrue due to her representative and also  from proceed at law for recovery thereof against any person or person indebt  to her or her representative on any account and also brown er p from  intermeddle with any part of the personal estate of which she die possess and  that all the say personal asset may be deem the personal estate and effect of  the say William Lightburne decease and that the plaintiff may be decree to  such part thereof as they be entitle to by the will of the say William  Lightburne before the respondent answer Stafford Lightburne the young die and  his father Stafford Lightburne clerk have obtain letter of administration a  bill of revivor be file against the respondent to which they appear and the  cause be duly revive the respondent answer the cross bill and bill of revivor  and admit the settlement marriage and will of Mr Lightburne his command to his  daughter to hold no friendship or correspondence with they the proposal of a  reference and their refusal to comply therewith and that Mr Lightburne never  intend that any part of his fortune shall go to or be enjoy by the respondent  or their sister or brother but they insist that as mary Lightburne do not  dispose of her fortune by will they as her next of kin be entitle to the  personal estate which she leave and that all change make by her in her father  personal estate by purchase therewith take new security for the same or  otherwise alter the nature of that estate and transform the same into personal  estate of the say mary and that the appellant be not entitle to a satisfaction  out of her asset for such part of the personal estate of William Lightburne as  she have so alter or dispose of but that they be only entitle to so much of  the say William Lightburnes estate as remain specifical the same at the time  of her death and they admit that they possess some part thereof issue be join  in each cause and witness examine on behalf of the plaintiff in the cross  cause both cause come on to be hear before the Lord chancellor of Ireland on  the d and that brown of February and on the that of the same month his  lordship be please to order adjudge and decree that it shall be refer to the  master to take a account in the original cause of the asset and effect of the  say mary Lightburne decease into who hand the same come and how apply or  dispose of upon which account all just allowance be to be give and it be  further order that each party plaintiff and defendant in the original cause  shall be at liberty to examine each other on personal interrogatory as also  that they shall produce upon oath all deed paper evidence and book of account  which they or either of they shall have in their power or custody relate to  the say account if the master shall see fit and in case any matter shall  appear difficult to the master in state the say account that he shall report  the same special and on return of the say report such further order shall be  make as shall be fit and his lordship be please to reserve the consideration  of such other or further direction as shall from time to time be think  necessary and it be order that the cross bill shall be dismiss with cost the  appellant have obtain a order for rehear the cause be reheard accord on the  that and that of July when his lordship be please to order and adjudge that  the former decree shall be affirm with cost but upon a further application of  the appellant his lordship be afterward please to vary the say order of the  that of July by leave out the direction for payment of cost from this decree  the appellant appeal insist t jewel c York that the intention of the testator  be manifest he give to his daughter and only child all his estate with power  to dispose of the same as she shall think fit either on her marriage or at her  death by her will he be convince that she will make a prudent use of this  power if she shall execute it and point out to her the person who shall be the  object of her bounty but as he know that if she shall die unmarried and  without make a will the fortune he have leave will go by course of law to her  brother and sister of the half blood who he never consider as his relation he  careful guard against that event and in case of her die intestate and  unmarried he express devise it over to his next in blood the child of his only  brother and the respondent themselves admit that he never intend any part of  his estate to be enjoy by the person now decree to be entitle to it that the  bequest and power of disposition give by the testator to his daughter though  in the first instance express general be correct and control by the subsequent  clause by which he devise his estate over to his brother child if she shall  die intestate or unmarried and this be a contingency which be to take effect  within the compass of a life be a good limitation by way of executory devise  to those child who by virtue thereof brown er p become entitle to the testator  personal estate brown that the make purchase with the testator money which lie  dead in the bank and the take new security for old one can not in this case be  consider as act of disposition or as convert and change the estate of William  Lightburne into the estate of mary Lightburne for she never design to vary the  disposition make by her father but consider herself bind by it and look upon  her cousin as entitle to her father estate the money which she lie out in  purchase and the money which she call in and invest in new security be part of  that estate and continue real and substantial to be so although different  modify and it seem too harsh to say in a court of equity that act intend by  mary to secure and improve her father estate for the person entitle thereto  under his will shall be construe into act to deprive they of that estate  contrary to her intention on the other side it be say W de grey a forester  that this be a bequest of a mere personality to the testator daughter with a  power to dispose of it as she shall think fit and if all be to go to the  appellant by the latter clause she can not have dispose of any part as she  think fit contrary to the express power give her so that the latter clause of  the will be contradictory to the first absolute bequest and must therefore be  reject as repugnant and void since a absolute and a partial interest in one  and the same thing be a contradiction in term that here be no partial interest  in the thing give to mary which will render her a usufructuary owner entitle  to the annual produce only but without power over the capital she may have  sell give or waste the whole capital itself as her absolute property and no  court of equity can have interfere to prevent her either at the instance of  the appellant or any other have the like bequest be of a particular or  specific chattel her power over it will have be the very same and the rule  hold the strong in the case of a residue compound of every species of effect  than in that of a specific thing which carry its own ear mark as this last may  be pursue through several hand which the other can that as she have the full  property and right of disposal in herself so she exercise that right by turn  what part of the testator effect she please into money change the old security  for new one take in her own name and mix and confound the whole with the other  part of her effect as make but one bulk or mass which she consider as entire  her own none of which she can have do if she have but a partial interest  without the concurrence of those entitle to the capital of the residue as  leave by her father who may have stop her hand upon intermeddle therewith or  pretend to make any variation therein that the appellant have not the least  colour of right to the intestate separate estate whether under the settlement  or derive from other relation or acquire by her own economy and after the  abovementioned confusion of her whole effect the impossibility of take a  account of her father suppose brown residue as it stand at his death be a  additional argument in support of the construction of his will make by the two  decree appeal from and therefore it be hope that they will be affirm accord  after hear counsel on this appeal it be order and adjudge that the same shall  be dismiss and the decree therein complain of confirm jour vol p