case beal versus beal Reg lib a foe Lord chancellor Harcourt the old daughter  where there be a son or where theestate by a settlement go all to a  remainderman be a young child in equity a be tenant for life remainder to his  first c son in tail male remainder to his brother b in tail a have no issue a  and b join in a recovery to the use of a for life remainder to such woman as a  shall marry for her life remainder to the first c son of a in tail male  remainder b the brother in tail male remainder to a in fee with a power to a  by deed or will to charge the premise with any sum not exceed pound for  portion for young child son or daughter who shall be live at his death in such  proportion as he shall think fit a marry and have issue two daughter only one  of who be bear after his death peer William a by his will charge the premise  with pound to his daughter mary Payable at twentyone or marriage but if the  child with which his wife be then ensient shall prove a daughter then he  direct that the pound shall be equal divide betwixt they a die and the two  daughter be of very tender year bring their bill for the raise of this pound  out of the reversionary estate and to have interest in the mean time for their  maintenance object the elder daughter be not entitle to any part of this pound  because it be only to go to the young child and the young daughter can claim  any part of it because she be not live at the time of a s death and by the  word of the settlement the pound be to go to the young child that a shall have  live all his death cur the old daughter though first bear when there be a son  have be often rule to be as a young child vide post butler v Duncomb every one  but the heir be a young child in equity and the provision which such daughter  will have be but as a young child in regard the son go away with the land as  heir so here the estate by the settlement go all to the remainderman who be  hres factus and neither of the two daughter be heir wherefore the elder  daughter have no more than the young be as to this provision a young child and  consequent capable of take it peer William as to the other objection it will  be very bare in a court of equity that a child because it happen not to be  bear at such a time must therefore be unprovide for but as the law in many  respect regard a infant in ventre sa mere so as to allow such child to be  vouch Inst also as the mother may be guilty of the murder of a child in ventre  sa mere if she take poison with a intent to poison it and the child be bear  alive and afterward die of that poison Inst so there be more reason that  equity shall consider such child in order to its be provide for and there  before this posthumous child may be well look upon in equity to be livinq at  her father death in ventre sa mere post Northey v strange vide also the case  of Burdet v hopegood post and with regard to that part of the bill which pray  to charge the remainder only with this pound portion the court hold that the  power and the charge make pursuant thereto do affect the wife estate for life  as well as the remainder and peer William er p that it be like a power of  lease which overreach all the estate for which reason it be usual to insert a  proviso in such power of charge that it shall not prejudice the jointure or  other precedent estate the court will indulge this latitude of construction in  case of portion for the sake of provide for all branch of the family Chadwick  v doleman vern Heneage v Hunlocke atk Lord Teynham v web ves duke v Doige cite  ves in which last case a old son unprovide for be consider as a young child  Pierson v Garnet bro c c but the same construction be not applicable to other  case Lord Teynham V web b sup hall v hewer Amb and see Jermyn v fellow can tem  Tal west v primate of Ireland bro c c Cox Emery v England Ves Lincoln v Pelham  Ves bowl v bowl ib savage v car I ba be Lord Cowper however on appeal leave t  be point undecided see pre Charles but Stackhouse v Barnston Ves be decide in  conformity with Lord harcourt doctrine and see Mosley v Mosley Ves peer  William de term S the number three