case Jermyn versus fellow and may where there be a sum of money provide for  young child one of the young become old he shall have no part of this money  but where the money be by a private act of parliament to be appoint among a b  and c name they and a afterward become old he be capable of a appointment in  his favour by a private act of parliament will entitle a act for enable  Stephen Jermyn to stake provision for his young child and for the advancement  of his old son it be enact that the sum of pound remain in the chamber of  London and the interest thereof shall be vest in trustee name in the act upon  trust that they shall by and with the consent of the say Stephen Jermyn the  father in his lifetime by any write under his hand testify in the presence of  two or more witness dispose of the say sum unto and among Stephen Jermyn the  son Martha and Catherine Jermyn daughter of Stephen Jermyn the father and the  survivor and survivor of they and such other child and child as case tempt  Talbot the say Stephen Jermyn the father shall hereafter have in such manner  proportion and proportion and at such time and time as the say Stephen Jermyn  the father by his last will in write or other deed under his hand and seal  testify by two or more witness shall limit and appoint and in default of such  appointment or for so much of the say pound whereof no appointment shall be  make then unto and among such and so many of the say Stephen Jermyn the son  Martha and Catherine and the survivor and survivor of they and such other  child and child as the say Stephen Jermyn the father shall hereafter have and  shall not be provide for out of any part of the pound share and share alike  and in case any of they die before twentyone or marriage then his or their  share to go to the survivor or survivor at the time of this act make Stephen  Jermyn have five child John his old son Stephen his second son mary Martha and  Catherine mary be provide for before the act pass upon her marriage and so  recite in the act John die soon after the act pass under age and without issue  in his father lifetime whereupon Stephen the second son become entitle to the  provision make for the old son Martha upon her marriage have pound appoint to  be pay her by the father in full of her share of the say pound and Catherine  marry the defendant fellow and die after have attain her age of twentyone no  part of the pound have be appoint to her and leave several child after her  death upon the d of June Stephen Jermyn the father by deed duly execute direct  the trustee to pay the remain pound to his son Stephen Jermyn his executor and  administrator and die soon after then die Stephen the son leave issue the  plaintiff who claim under this appointment make to his father the defendant  insist that Stephen become old son by his brother John death become entitle to  the provision make for the old son and cease to be a young child become  thereby incapable of take by force case tempt Talbot of the appointment and so  he be disable and Martha have be full provide for out of the pound the remain  pound belong to he as administrator of his late wife it be a part not appoint  accord to the direction of the act the question be whether this appointment to  Stephen Jermyn the son be old son at the time of the appointment make be a  good appointment within the meaning of this act Lord chancellor it be clear  from the word of this act that the legislature intend to provide for Stephen  Martha and Catherine and for any other young child which Stephen Jermyn the  father shall have and without doubt Stephen be at that time consider as a  young child the father pursuant to his power make a appointment to Martha and  her husband of pound which be accept by they in case tempt Talbot er p full of  Martha share so that she be quite out of the case and the only question be  whether the appointment to Stephen the son of the remain pound be a good  appointment and the intent of the act have be much rely on and it have be  compare to marriage settlement when young child be so call in opposition to he  who take the estate although that in the strict grammatical sense the second  bear can never be call the old the case of Chadwick versus doleman vern in  that case a by marriage settlement be tenant for life remainder to trustee to  raise pound for young child portion as a shall appoint remainder to his first  c son in tail a appoint the pound among his young child and particular pound  thereof to b be second son the old son die six year afterward whereby b become  old son and entitle to the whole estate after his father death and thereupon a  make a new appointment of the pound to one of his daughter decree the last  appointment to take place the first be make to b upon a tacit or imply  condition that he shall not become the old son the Lord keeper admit the rule  that of voluntary deed and voluntary appointment the fact be to take place as  well at law as in equity and likewise admit that the defendant at the time of  the appointment be a person capable to take and be a young child within the  power of appoint but he consider this as a defeasible appointment not from any  power of revoke or upon the word of the appointment but from the capacity of  the person he be a person capable to take at the time of the appointment make  but that be sub modus and upon a tacit or imply condition that he shall not  afterward happen to become the old son and heir be much strong for there he be  young son at the time of the appointment make and yet it be bring back again  seven year after that case arise upon a settlement this arise upon a act of  parliament in which the intent shall prevail against the very word but then  that intent must be plain and clear now Stephen be indeed call a young child  in the preamble as to those who be to be consider as young child vide Beal v  Beal p will butler v Duncomb ibidem Heneage v Hunlocke atk duke v Doidge cite  Ves but when the power of appointment be give it be not to appoint among the  young child general but to Stephen Martha and Catherine and it be observable  that the power may leave be execute part at one time and part at another by  one or more deed or by his last will nor be there any thing vest until a  appointment make but all be uncertain until he appoint and the legislature  case tempt Talbot have in view that there may be a death in the father  lifetime by reason of the word survivor and survivor Martha be out of the  question nobody be to be consider but Catherine and Stephen Catherine die long  before the appointment and consequent none in be at that time but Stephen and  I think it will be very hard to take it from he in favour of a administrator  who have no other right than she have and that be none at all she die before  the execution of the power which be ambulatory until the father death so that  this case differ great from that of Chadwick versus doleman the case of  Chadwick v doleman appear to have be full consider and approve of by Lord  Talbot for he do not object to nor attempt to weaken it but clear distinguish  it from Jermyn v fellow vide Teynham v web Ves in which Lord cowpers judgement  be rely upon and govern the decision of that case also Broadmead v wood bro  Charles Rep S p and the case there cite where the question be between the old  son become so by his brother death and the other young child all which have as  good a right as sir Thomas doleman himself beside the power in the present  case be to appoint it to the survivor or survivor and if Stephen be incapable  of take there be nobody leave to take for mary be full provide for before the  act Martha have accept of pound in full for her share and Catherine die before  the execution of the power so that unless Stephen can take the appointment  must be mere void and then it will come to this that Stephen be the only  person leave who can take indeed he be a young child at the time of the act  make but circumstance be since alter there be nobody leave but he whereas in  Chadwick versus doleman there be young child capable of take at the time as  well as sir Thomas doleman himself and so decree the appointment to be good  Reg lib a fol case tempt Talbot er p case tempt Talbot de term S the number  three geo two in curian porter