case trafford versus trafford June see countess of Harrington v earl of  Harrington lr h l S t devise all his book picture and household good to such  male person when he shall attain who shall then be entitle to the trust in  possession of his real estate before devise and till then direct they shall be  keep at duntonhall and be use in the mean time by such male person reside  there declare it to be his will and desire that they may go in the nature of  heirlooms with his estate and be use therewith as long as the law of this  realm will permit the picture book and household good ought to go as heirlooms  in as full a manner as the law will allow for the devise here be a disposition  only of the use till some person who be entitle to the inheritance shall come  into possession by attain vide with v Blackman Ves duke of Bridgewater v  Egerton Ves bro Ch Rep SC in note cower v Grosvenor barn Charles Rep Foley v  Burnell bro Charles Rep Vaughan v Burslem bro Charles Rep Sigismond Trafford  be seize in fee of diverse manor land and tenement on the that of may make his  will and thereby devise all his manor c to the use of t W his heir and assign  that he may stand seize of the same in trust for Sigismond boehm old son of  and boehm for life remainder in trust for his first and other son in tail male  remainder in trust for clement boehm the plaintiff father the second son of  and boehm for life remainder in trust for his first and other son in tail male  remainder in trust for the defendant Charles boehm three son of and boehm for  life remainder in trust for his first and other son in tail male remainder in  trust for the testator right heir the testator also devise all his plate book  picture and household good of what nature soever to such male person when he  shall attain who shall then be entitle to the trust in possession of the real  estate therein before devise and direct that till such male person shall  attain the say plate book picture and household good shall be keep at  duntonhall and be use in the mean time by such male person reside there the  testator declare it to be his express will and desire that the say plate book  picture and household good may in the nature of heirlooms go with his say  estate and be use therewith as long as the law of this realm will permit he  appoint Thomas white executor and atkins bequeathe the residue of his personal  estate to such person when of the age of as by his will shall be entitle to  the trust in possession of the land September the testator make a codicil  whereby he devise to and Beveridge since decease the use of all his plate for  life and thereby declare that all his picture at duntonhall shall at all time  go and be enjoy with his mansionhouse and estate at Dunton by the person who  by his will shall successive hold his estate note he also bequeathe his plate  to Sigismond after the death of and Beveridge if live otherwise to such person  to who the bulk of his estate will belong after Sigismunds decease and by the  codicil he make Sigismond boehm joint executor with Thomas white the bill be  bring for the heirlooms by the plaintiff who be tenant in tail of the estate  but not of age Lord chancellor the question upon the will and codicil of the  testator be as to the extent of the bequest and that will depend upon the  construction of the will and codicil I real think the true construction of the  will must put a end to the question the disposition of real estate only among  male I mention for the sake of a observation afterward here be a plain  intention by the will to constitute heirlooms therefore the testator by the  will have add this clause all my plate c to go in the nature c the  construction the plaintiffs counsel put upon it be that by the pen of this  clause and particular by the operation of the latter word these thing be to go  as heirlooms as far as b la v they may the construction of the defendant  counsel be that it ought not to have this large construction of go in  succession as heirlooms from person to person but shall atkins er p vest in  the first taker whether tenant for life or tenant in tail and he shall have  the absolute property at but I be of opinion that the exposition ought to be  that it shall go in such kind of succession as I direct in the case of lewson  versus Grosvenor barn Charles Rep S c the first clause I allow will give the  absolute property if it stop there but I be not warrant to rest there for the  whole atkins clause must be take together so as that it may be entire  consistent as to the last clause suppose that have be the single one it will  have be sufficient to make all these go as heirlooms and to wait the  contingency and of that opinion I be in lewson versus Grosvenor for the word  there be extreme like they though not exact the same the first word therefore  must be construe as a disposition only of the use until some person who be  entitle to the inheritance shall come into possession by attain it have be  object that the testator have distinguish between the property and the use for  there be a mesne disposition and if there have be no more than the gift and  their remain at Dunton it will have be a right construction but then he say to  go in succession as far as the law will permit there be a direction to  executor who by virtue of this last clause he have make trustee for this  purpose what shall be do in the mean time and not to hinder they of the use  before they come of age to say they shall only go as heirlooms till a tenant  for life attain twentyone be a force construction for what be there then of  the nature of inheritance in these heirlooms if they shall stop there it have  be say he have make the gift of his residue equal a heirloom and that the  plaintiff may as well contend this shall go to he by no mean for the devise of  the residue want the very clause which constitute and make the other go as  heirlooms therefore I be of opinion they ought to go as heirlooms in as full  manner as the law will allow and this court be now establish to be the law of  the land as much as any other jurisdiction it this be the true construction of  the will the next question be whether the codicil have make any change the  will consist of four part plate picture book and household good by the codicil  he devise the use of all his plate to mrs Beveridge for life consequent the  will be vary so far and take out of the gift of heirlooms atkins what be there  that make any alteration as to the book and household good these be not  mention in the codicil and therefore remain as they be it be say the word  residue include they if the word residue be to include the whole personal  estate not specify in the codicil it will destroy the will because it will  revoke the other legacy and several other specific thing as annuity c be give  under the will I be of opinion too as the testator have make such a accurate  disposition of his good and book and the codicil be make only seven year after  the will that it be strong to show he still intend furniture of such a recent  date shall go as heirlooms and therefore I declare the testator picture book  and household good ought to be consider as heirlooms and to go along with his  real estate as far as by the rule of law or equity they may and that the  plaintiff will be entitle to the property thereof in case he shall attain his  age of twentyone year and in the mean time be entitle to the use and enjoyment  thereof and order that the master do inquire what picture book and household  good of the testator be now remain in specie and that two schedule be make  thereof and one of they deposit with the master and the other with the  defendant Charles boehm and that such picture book and household good do  remain in testator mansionhouse at do onhall pursuant to the direction in his  will but as to any picture book and household good which belong to Sigismond  Trafford the husband of Elizabeth I declare they do belong to her and order  that they be deliver to her Reg lib b fol atkins er p