case richard baines and another appellant peregrine bertie and another  respondent that february Mews dig xiv I S devise his real estate to his son I  for life and after his death if he leaves any issue male to other person and  to one of those other person he give a legacy of pound when he shall attain I  the son die without issue the legatee also die and on a bill file by his  administrator for this legacy the question be whether it do not depend with  his share of the real estate upon the contingency of the son leave issue male  the court of chancery hold that it do and therefore dismiss the bill but on a  appeal this decree be reverse and the legacy order to be pay with interest  from the testator death decree of Lord chancellor king reverse Robert fisher  grandfather of the appellant Ann Langton have issue three son Robert his old  John his second and Thomas his young son and two daughter settle his estate in  the county of Cumberland on John his second son and his heir set aside Robert  the old son and afterward die Robert the son have issue two son Robert his old  who die without issue and John his young son and the appellant Ann his only  daughter John the second son of old Robert settle at London and apply himself  to brown er p merchandise acquire a considerable real and personal estate to  the value of pound and upward and have one son and no other child frequent  declare he will settle his estate in Cumberland on the child of his old  brother Robert this John have likewise estate at low Layton in the county of  Essex and at barn in the county of Hertford and some leasehold house in  Wapping and about the that of march die leave issue John his only child who  after his father death produce a paper write purport to be his last will all  write with his own hand but neither sign or seal by he and this paper he prove  in the prerogative court of Canterbury as a testamentary schedule but there be  no executor name therein John the son on the that of march take out letter of  administration with the say paper write or schedule brown annex and possess  himself of his father personal estate to the amount of pound and upward by  this paper write or will it be recite that the testator have several estate in  the county of Cumberland which he particular enumerate and also the several  estate in Essex and Hertford and at Wapping as before mention and then follow  these word videlicet the yearly income of all the abovesaid I give and  bequeathe two three thereof to my son John fisher during his natural life and  the other three to my love cousin Robert fisher and John fisher son of my  brother Robert fisher my say cousin or their agent take care to manage the  estate in Cumberland and my son John fisher take care of the management of my  estate at barn low Layton and Wapping and after my son decease if he leaves  any issue male I give and bequeathe to they my estate at barn in Hertfordshire  and at low Layton in Essex and to my love cousin Robert fisher jun all my  estate with the sheep and their heir at Brakenthwaite Longthwaite Fletcher and  ScaleHill with low home and the lake Crommock and to my love cousin John  fisher the son of my brother Robert fisher I give and bequeathe my estate at  Bridechurch near Cockermouth in Cumberland and pound in money when he shall  attain the year of and in the mean time the interest thereof at pound per cent  for his maintenance till he shall attain the say year if he depart this life  before he attain the say year then what be leave he videlicet in land I will  and devise to his brother Robert fisher and what be leave he in money to his  sister Ann fisher I also give and bequeathe to cousin Ann fisher daughter to  brother Robert fisher pound to be pay her at the age of year and not before  unless she marry before that age with the consent of her father and mother  soon after the testator death Ann fisher with the consent of her father  intermarry with John Langton to who John fisher the son pay the legacy of  pound without any objection whatsoever frequent demand be likewise make on  John the son for the interest of the pound towards the maintenance of John  fisher the legatee during his minority but on account of the expectation they  have from John fisher the son in case he shall die without issue those demand  be make in the most easy term and without seem to press for the satisfaction  of they in John fisher the son die without issue have make his will and  thereby devise his whole real and personal estate to the respondent Elizabeth  then his wife who after his death prove his will and take administration of  the good and chattel of John fisher the merchant unadministered by the say  John his son and by virtue thereof possess herself of the whole real and  personal estate of her husband and also what remain of the personal estate of  John fisher the merchant and afterward intermarry with the other respondent  Peregrine bertie brown John fisher the legatee attain his age of in the year  and afterward die intestate without issue and unmarried after who death the  appellant Richard baines obtain letter of administration in trust for the  appellant Ann Langton his only sister and next of kin and thereby become  entitle to the legacy of pound with the interest thereof this legacy and  interest be frequent demand from the respondent without effect the appellant  on the d of may exhibit their bill in chancery pray a discovery of asset and  to be pay the say pound legacy and interest to this bill the respondent put in  their answer and thereby admit asset of John fisher the merchant come to their  hand and issue be join and witness examine on the part of the appellant the  cause be hear before the Lord Chan brown er p cellor king on the that of  November when his lordship be please to dismiss the appellant bill but without  cost from this decree the appellant appeal and on their behalf it be argue p  York n fazakerley that the paper write have be prove to be good as a will of  personal estate the personal legacy must be pay that the word of the will be  very strong in favour of the present demand but if there be any thing doubtful  in they they ought to receive a favourable construction as the testator have  out of his great wealth give this legacy to one of his near relation for who  family he have make frequent declaration of provide in case his own son die  without issue as have happen that this legacy of pound be in no sort  contingent or to arise upon the death of the testator son have issue male in  the nature of a condition precedent but be a absolute and substantive bequest  of that sum to his cousin John on his attain the age of and therefore he give  interest for it at the rate of pound per cent a man may certain give away his  estate upon a contingency that his son shall have child to enjoy it and where  the word of a will be plain and clear to that purpose such a bequest must take  place but as it be a very uncommon contingency to disinherit because there be  child to take such a construction require much plain expression than be to be  find in the present will and if in this case the legacy be to wait in point of  vest till it shall be see whether the testator son John will or will not have  issue male at his death it will have be absurd either to have make the legacy  Payable at the legatee age of or to have give interest in the mean time  because the give of interest suppose the principal to be vest though Payable  at a future day it be therefore hope that the decree of dismission will be  reverse and that the legacy will be decree to be pay with interest on the  other side it be say c Talbot t Lutwyche that the single question be whether  this gift of pound shall be consider as a distinct and independent legacy or  whether with the devise of the estate at Bridechurch it depend upon the  contingency of the son leave issue male which have not happen the paper write  in brown question consist of two part each of which be a entire paragraph and  make a entire distribution in the first the testator dispose of the income of  his estate at low Layton brackenthwaite Bridechurch etcetera during the life  of his son in the second part he give not the income but the land themselves  after his son decease that the land at Bridechurch and the pound in money be  one entire legacy they be both give to John the cousin together and be both  give over at the same time beside the testator have value his estate and that  valuation show that this pound be add to the estate at Bridechurch to make a  near proportion between the gift to the two brother than if he have leave only  the land at Bridechurch to John as to the objection that the pound be a  distinct and independent legacy because the word I give and bequeathe be  repeat it be answer that those word be only repeat by way of conjunction and  continuation of the whole bequest they can not put the legacy to John upon  different term from that to Robert they come before the gift of the land at  Bridechurch and can not separate the money from the land nor can the gift of  the land be distinct and independent but must come under the whole contingent  distribution because John the son be to have the income of it for his life and  as to the interest be give to John the legatee in the mean time for his  maintenance it show that the testator can not intend it to be a distinct and  immediate legacy because it be apparent from the whole that the testator do  not mean to leave John the young brother in a better condition than Robert the  elder for during the life of the testator son both be to have a equal  maintenance videlicet one three of the income of the land between they and  there be no colour to imagine that the testator intend to give John pound more  during the life of his son after who death John maintenance come under the  same distribution and depend upon the same contingency with his brother Robert  that the word in the mean time can only design the time between the vest of  the legacy and John come of age and this construction make the whole write  consistent both the brother have a equal share during the son life and both a  equal chance after his death that the testator whole attention be not now  discoverable since he have break off and leave his write unfinished what he  have leave be sudden and imperfect and it seem very probable that if he ever  review it he throw it aside brown er p and never think it can have any effect  what he have give to his cousin be give in a event which have never happen and  whether he will have leave they to the bounty of his son in case of his have  no issue male or what provision he will have make for they in that event if he  have finish his will do not appear and therefore it be apprehend that such a  write as this so imperfect and unfinished be capable of no other construction  and that the appellant Ann who have already receive pound under it be not  entitle to any more brown but after hear counsel on this appeal it be order  and adjudge that the decree therein complain of shall be reverse and that the  court of chancery shall direct a account to be take of what be due for the  pound legacy give by John fisher and for the interest of the same from the  death of the testator after the rate of pound per cent per and and that what  shall be find due on such account for the say principal and interest shall be  pay by the respondent to the appellant jour vol p