case GARBUT against hilton and other at the roll Michaelmas term Geo November  distinguish vice v Stoney dr wall dr war follow grey v grey l r ir on a devise  of so much money to a feme sole provide she marry with the consent of her  father and mother or the survivor of they the marriage be a condition  precedent to the payment of the legacy S c atk S c vezey Phillippa down by  will devise to jane Garbut the plaintiff a legacy of two hundred pound provide  she marry with the consent of her father and mother or the survivor of they  modern report the plaintiff jane before any marriage and live her father and  mother bring her bill against Hilton and other as executor to Phillippa down  for the two hundred pound the question be whether or no this be a vest legacy  the plaintiff be not marry and her father and mother live it be say for the  plaintiff that as there be no devise over of the legacy and as it be Payable  out of the personalty the condition be in terror only to intimidate the  legatee from behave imprudent in her marriage and therefore void a see Aston v  Aston Prec Chan a and consider the legacy without any condition at all it must  be a vest one that by the civil law such a legacy not to marry without consent  be void though there be a limitation over for the maxim there be maritagium be  book that there will be many case where such a condition not to marry without  consent of the father and mother will be extreme bare as where the father and  mother shall die before any competent match shall offer or where they shall  not be in humour to consent or where one shall consent and the other riot the  master of the roll be clear that this legacy be not vest that it be Payable  after marriage but not till then that if the plaintiff have marry without  consent then will be the time to bring her bill and dispute whether the  condition be in terror only and void that in all the case cite except vern the  bill be bring after marriage that if the condition be in terror yet marriage  in this case be absolute necessary before the bring a bill unless it be to be  under the same circumstance as that in vern and Nelson Chan Rep of never  intend to marry and of give security to refund if the condition shall be break  his honour be much direct by a case in Swinb and another in Godolph and he  dismiss the bill b Atkins v Hiscocks atk S c vezey pullen v ready atk Elton v  Elton will Hemmings v munckley bro c c b