case PITFIELDS case a Cause by consent Lord chancellor king by a marriage  settlement a term for year be create to raise pound portion for daughter  Payable at their age of twentyone or marriage proviso if any of the daughter  attain the age of twentyone or marry in the father lifetime then the portion  to be pay within a year after the father death also if any of the daughter die  before her portion Payable or before her age of twentyone or marriage her  share to go to the survivor there be issue a son and three daughter the first  of who marry and receive her portion the second attain twentyone marry and die  without issue and her husband administer the three daughter survive both her  sister resolve the husband as administrator of the second daughter be entitle  to her share of the pound she have live to twentyone so that the right vest in  her and the payment be only suspend till her father death upon a marriage  settlement part of the land be settle on pitfield the husband for life in  possession remainder to the wife for life remainder as to part to trustee for  year other land be settle on pitfield the husband father for life remainder to  pitfield the husband for life remainder to the say trustee for year remainder  as to peer William all the respective premise to the first and every other son  of the marriage in tail male successive remainder to the use of trustee for  year and the trust of the several term for year be to raise pound for the  portion of the daughter Payable at their age of twentyone or marriage with a  proviso that if any of the daughter shall attain the age of twentyone or  marriage in the life of the father then her portion to be pay at the end of  the year after the death of her father and with another proviso that if any of  the say daughter shall die before her or their portion or portion become  Payable and before her or their age of twentyone or marriage her or their  share or share to go to the survive daughter or daughter there be issue by the  marriage one son and three daughter Elizabeth whether and mary the old  daughter Elizabeth be marry to sir Thomas clerk and a large portion give her  than be secure to her by the marriage settlement and so her three of the pound  be satisfy the grandfather and wife die and the second daughter whether have  attain twentyone marry in the father lifetime and die before her father  without issue her husband administer to her after which the father die the  question be who shall be entitle to the three part of the pound which whether  the middle daughter will plain have have a right to in case she have survive  her father saint whether it shall sink into the land forasmuch as the daughter  die before the portion become Payable and so the son take advantage of it or  dly whether by virtue of the proviso the young peer William daughter shall be  entitle as survivor the middle daughter die before the portion become Payable  or dly whether it shall not go to the husband of the middle daughter whether  as administrator to his wife she have live to her age of twentyone and be  marry for the son and heir it be urge that the constant difference wasbetween  a legacy out of a personal estate and a portion out of land that if a portion  be give out of land Payable at a future time and the daughter die before that  time come the portion be to sink into the land for the benefit of the heir let  he be hres factus or born and this be the present case as whether the middle  daughter die in the life of her father and the portion be not Payable until  the end of the year after the father death for the young daughter it be say  that by the latter proviso in the settlement if any of the daughter shall die  before her portion become Payable the survive daughter be to have her share  and the middle daughter die in her father lifetime she die before her portion  become Payable and therefore c but on behalf of the husband the administrator  Mr solicitor general Talbot contend saint that as to the young daughter she  can not be entitle to it because the middle daughter do attain her age of  twentyone and be marry whereas to entitle the survivor to take the other  daughter must have die under twentyone or marriage peer William er p dly that  this three part of the pound portion will not sink into the land because the  reason of that construction be peer William for the benefit of the heir in  preference to the administrator of the dead daughter where such daughter die  before twentyone or marriage so that she have no occasion for her portion no  want of it to advance her in marriage nor can she dispose of it by deed or by  any act in her lifetime until her age of twentyone whereas that reason can not  hold in the present case the daughter have attain twentyone and be marry that  the meaning of this proviso be a prudent caution to prevent a sale of the  reversion of the land limit to the father in the father lifetime which have be  find by experience to distress and ruin family estate but it be hard when the  term be come into possession that the husband who marry this daughter shall  have no portion with her vide duke of chandos v Talbot post king v wither post  vol and of this opinion be the Lord chancellor who observe that equity have  strain sometime to help a daughter marry in her father lifetime to her portion  but never to deprive a marry daughter thereof his lordship likewise say that  this last proviso if any of the daughter attain to twentyone year or marriage  in the lifetime of the father then such daughter shall have her portion pay to  her at the end of one year after the father death be without any negative word  that she shall not be pay her portion till then but the meaning of it be that  then in all event even though the grandfather of such daughter who have part  of the estate comprise in this year term limit to he for his life have be live  the reversion shall notwithstanding have be sell for the raise of this portion  so it be decree that the husband of whether the second daughter shall have the  three part of the pound with interest from the end of the year after the  father death raise peer William by the sale of a three part of this term and  if that not sufficient then in case the son who be tenant in tail shall happen  to die without issue male and under twentyone the administrator of whether  shall have liberty to apply to the court to be pay what remain due out of the  other term which be to arise by the settlement on the son death without issue  male Reg lib b fol by the name of pitfield v Ashley