case green v belchier January the that see Metcalfe v Hutchinson Ch d on  settlement before marriage a proviso that if a husband and wife die leave  issue unprovide for that then the trustee may enter upon a estate and take the  rend thereof till they have receive pound for the benefit of such unprovide  child in such manner and proportion as the survivor of the husband and wife  shall appoint the wife survive and appoint the pound for a daughter the  plaintiff wife be a unprovide child bill bring to have the pound raise sir  Joseph Jekyll decree the pound and interest by way of maintenance from the  death of the mother defendant appeal from that part which allow interest and  decree affirm on the intend marriage of Henry pain the castle inn at Kingston  be vest in trustee and the trust thereof declare to one Elizabeth stidd for  life remainder to whether pain mother of Henry pain for life remainder to  Henry pain for life remainder to his intend wife for life remainder to his  first and other son in tail and in the deed of settlement there be a proviso  to this effect that if Henry pain and his wife shall die leave any issue  unprovide for that then it atkins er p shall be lawful for the trustee to  enter and receive the rend and profit of this estate until they have receive  the sum of pound and the atkins premise be afterward declare to be Chargeable  and to stand charge with the raise this sum for the benefit of such child so  unprovide for in such manner and in such proportion as the survivor of the  husband or wife shall appoint the wife survive the husband and accord to the  power under the proviso appoint the pound to be pay to her daughter the wife  of the plaintiff the only child not provide for in the life of the father and  mother the bill be bring against the defendant who purchase she premise of the  old son of the marriage in order to have the pound raise the master of the  roll sir Joseph Jekyll decree the principal sum of pound to be raise for the  plaintiff and likewise interest by way of maintenance for the plaintiff wife  from the time of the death of the mother which happen about a year before the  fill of the bill from that part of the decree relate to the allowance of  interest the defendant appeal to Lord chancellor Lord chancellor the defendant  in this case be a purchaser with notice of the charge upon the estate be to be  consider in the same light as if the bill have be bring against the person  under who he claim the question in this case will be whether the pound be to  be consider as a sum to be raise by receipt of the annual rend and profit or  as a sum in gross by a determinate time it be plain by the settlement that  this pound be intend for the child portion and what be material too for such  as be otherwise unprovide for and therefore if no maintenance be Allowable in  the mean time the estate not be above pound per and the pound must necessary  be exhaust great in bare subsistence of such child before the whole sum can be  raise such a construction therefore ought not to be make unless the word be  extreme plain which be not the present case that part of the proviso empower  the trustee to enter and receive the rend c seem to mean the annual rend and  profit though in general where money be direct to be raise by rend and profit  unless there be other word to restrain the meaning and to confine they to the  receipt of the rend and profit as they accrue the court in order to obtain the  end which the party intend by raise the money have by the liberal construction  of these word take they to amount to a direction to sell and as a devise of  the rend and profit will at law pass the land the raise by rend and profit be  the same as raise by sale see Trafford v Ashton Cox p W note ivy v Gilbert Cox  p W n okeden v okeden post oh the subsequent word by which the premise be  declare to be charge with this pound if they stand alone will certain warrant  a sale or mortgage see post vol and they ought certain to have their proper  force and ought not to be control by the precede word suppose they to mean  annual rend only atkins the word of the appointment of the pound be in such  manner and in such proportion as the survivor of the father and mother shall  direct be very material for these word not only include a power of raise it by  mortgage or sale but a certain determinate time for raise it and as there be  no time limit by the settlement for payment of the money the father or mother  may no doubt have make the pound pa able at any time as at the age of or  marriage and in such case interest by way of maintenance will certain be  Allowable in the mean time it be a constant rule in equity that wherever a  legacy be give by a father to a child as a provision for such child though the  legacy be Payable at a future day yet the child have a immediate right to the  interest of the money see heath v very post vol note if the legatee be a  stranger to the testator it will be otherwise in the case of ivy v Gilbert  Prec in Chan and wms there be no word declare the premise to be charge with c  as in the present and yet it be hold even there that the word rend and profit  will in general warrant a sale though it do not in that particular case by  reason of the subsequent word restrain the manner of raise the money by lease  for one two or three life or for any number of year determinable thereon or  for year absolute at the old rend the decree affirm Reg lib a fol atkins er p