case Hornsby versus Hornsby in court Lord chancellor Sel Cas in cane S c one  devise pound to his daughter at or marriage and if any die before to go to the  survivor one die in the lifetime of the testator her legacy shall go to the  survive daughter vern Swinb in fol if a legacy be devise to a to be pay at and  if he die before to go over to b if a die a infant b shall take present and  not wait till a will be for a devise over be to be consider as a original  legacy Anders Cas Ant Cas Swinb part sect Leon Perk sect vern dyer b vern more  Cas Yelv Brownl Fulbecks parall part fol b part sect Swinb n Mr  attorneygeneral for the plaintiff Mr Hornsby make his will and devise to his  executor their heir executor administrator and assign all his real and  personal estate in trust to sell with speed and to pay his debt and legacy and  give to his son Joseph pound to be pay with all convenient speed and to his  son George pound to be pay in convenient time after his decease and in case  either of his say son Joseph or George shall happen to die before they receive  his whole legacy or any part of the mosely report er p say legacy or the  remainder so unpay be to be pay to the survivor and if both die their legacy  be to go to his two young son George die in the lifetime of the testator and  the only question in this cause be whether his legacy be lapse or survive to  his brother joseph and this legacy must survive vern sir John borlace devise  to n miller pound to be pay he at twentyone to b miller pound when he shall  attain the like age to e miller pound to be pay at eighteen year of age or  marriage the like to m miller vern and in case one or more of the aforesaid  child shall happen to die before his her or their respective mosely report  legacy or legacy shall become due to they as aforesaid his her or their legacy  or legacy shall be equal divide among the survivor of they and in case three  of they shall happen to die before their respective age or day of marriage  their aforesaid legacy shall be and remain to the survivor of they m miller  die in the lifetime of the testator and it be decree her pound shall survive  vern pound be give to Darrel Trelawny at twentyone or marriage and pound to  Elizabeth Trelawny at twentyone or marriage and if any legatee die before  their legacy be Payable it be to go to the brother and sister of such legatee  Darrel die in the lifetime of the testator and it be adjudge no lapse legacy  and that it shall go to his sister vern one devise pound apiece to his three  daughter at twentyone or marriage and if any die before to go to the survivor  one die in the lifetime of the testator her legacy shall go to the survive  daughter and the foundation of all these decree be that the devise over be to  be consider as a original legacy and for this reason your lordship decree  where a legacy be give to a to be pay at twentyone and if he die before to go  over and a die before twentyone that be to who the legacy be devise over shall  be pay it immediate and not wait till a will arrive at twentyone and so be the  case of Papworth and more vern so it be the same thing whether George die  before or after the testator Mr solicitor general for the defendant this  legacy be plain lapse as to George but the question be whether it be a good  legacy as to Joseph he say it be a original devise to he No it be first give  to George and give over upon a contingency to he and though the will be make  in the lifetime of the testator it can take place till after his death and  therefore when he provide for a contingency he must mean for a contingency to  happen after his death and since this contingency can never arise Joseph can  have no title and this be plain from the word of the will and in case either  shall happen to die before they receive c that be if the legacy once vest but  be not pay but the legacy never vest in George and these word distinguish this  from the case that have be mention there the word be if one die before the  legacy become due or Payable so if the legatee die in the lifetime of the  testator he come within the word he die before the legacy be due or Payable  but here the legacy be to be pay in convenient time after the testator death  no part can be receive till after his death but if it vest and part be receive  the rest be to go over mosely report Lord chancellor these be consider as  immediate devise which be the reason why the court first allow a devise over  of a personalty here be a devise to two person to be pay in convenient time  after the testator death and if either die before the whole or part be receive  the whole or the remainder be to survive to the other and one of they die in  the lifetime of the testator his legacy shall go over to the other this case  do not differ from those that have be cite and the defendant have not produce  a authority to the contrary so if land be devise to a for life or in remainder  to b in fee if a die in the lifetime of the devisor b shall take immediate  though it be plain the testator do not design he a estate in possession and  though the legacy be lapse as to the first taker yet the next man shall have  it immediate so the decree by default for the plaintiff must be make absolute  Friday and Saturday may the saint and d