case eel and ux versus England and ux December Eq can ab pl pre Ch S c a by  will give pound to b and declare her will and desire that he give the pound to  his daughter at his death or soon if there be occasion for her advancement b  die eight day before a and the daughter die at sixteen unmarried the pound  decree to the administrator of the daughter the word I desire or I will in a  will amount to a express devise if a devise be to a for life direct he at his  death to give it to b that amount to a devise of the use of it only to a for  life remainder to b on a appeal from the roll the case be that Elizabeth  Heydon by will April devisee in Vernon chancery case these word item I give  unto my love kinsman Richard Hammerton the sum of three hundred pound one  hundred pound part whereof he do owe I which I do intend to give to my cousin  Susan Hammerton his young daughter but my will and desire be that he will give  the say three hundred pound unto his daughter Susan at the time of his death  or soon if there be occasion for her better advancement and preferment the  testatrix at the make of her will be in England and it so fall out that  Richard Hammerton die in Ireland eight day before the death of the testatrix  the cause be hear at the roll July when it be decree that the one hundred  pound bind to the testatrix shall be assign to the plaintiff and the two  hundred pound pay with interest from the exhibit the bill the defendant who be  the executor of Elizabeth Heydon to have so much of the interest on the pound  bind as accrue due before her death r l note the plaintiff wife be  administratrix to Susan the daughter who die unmarried when but sixteen year  of age now upon the appeal it be admit that the word I desire or I will amount  unto a express devise vide on this point the case cite latter part of note to  Birkhead v coward ante p and that if a devise be to one for life direct he at  his decease to give it to I S that amount only to a devise of the use of it to  the devisee for life remainder over to I S but it be insist on by the  defendant counsel that a benefit be design to Richard Hammerton and that he be  not a bare trustee for he be to have the interest of the three Vernon chancery  case hundred pound for his life at least until there be occasion for it for  the better preferment or advancement of his daughter Susan and he have but a  contingent interest videlicet if there be occasion for it to advance or refer  her but she die unmarried and but sixteen year of age can not have call for it  nor will her executor or administrator have be entitle to it if her father  have survive her but it be answer that if Richard Hammerton have survive the  testatrix he have at most be entitle to retain it during his life and whenever  he have die have the daughter be but two year old it must have go to her but  if there be occasion it may have be call for by her even in his lifetime and  accord to the rule of law in Brett and Rigdens Plowd a case if a devise be of  land to I S and his heir and I S die before the testator the heir can take but  the devise be void but if a devise be to a for life remainder to b although a  die in the lifetime of the testator yet the devise to b be good and he shall  take it immediate vide levet v Needham ante p it be also insist that if a  legacy be give to a in trust for b although a die in the lifetime of the  testator the devise shall stand good for the benefit of b the Lord keeper seem  to doubt of that point but confirm the decree at the roll and dismiss the  appeal Reg lib a fol and see on this last point Birkhead v coward and case  cite in former part of note ante p Vernon chancery case er p