case John gordon administrator of barbara his late wife plaintiff henry reins  doctor of law old son and heir of sir richard reins Knt defendant Lord  chancellor king Lord c I Raymond master of the roll term of year to secure  daughter portion pa able at sixteen proviso if no daughter at the time of  failure of issue male the portion to sink there be a daughter who attain to  sixteen and marry without consent and no son by the marriage but the daughter  die in the lifetime of the father and mother and consequent while there may be  a son the portion sink the bill be to compel the raise of the sum of pound for  the portion of Barbara the plaintiff late wife and the only daughter and issue  of the defendant doctor baines by Elizabeth his late decease wife and to raise  it out of a reversionary term of year expectant on the defendant doctor  rayness death peer William upon the marriage of the defendant doctor baines  with Elizabeth Pleydell by indenture of lease and release date the that and  that of October in consideration of that marriage and of pound portion sir  Richard baines the father convey diverse land in Surrey c to trustee and their  heir to the use of the defendant doctor baines for his life sans waste  remainder to trustee during his life to support contingent remainder remainder  to the use of Elizabeth his intend wife for her life for her jointure  remainder to the first c son of the marriage in tail male successive remainder  to trustee for year remainder to doctor baines in tail male general remainder  to sir Richard reins in fee the trust of the year term be declare to be that  in case there shall be no son of the marriage bear in the husband lifetime or  after his death or if there shall be a son and that son shall die before  twentyone and without issue and there shall be one or more daughter bear in  the lifetime of the husband or after his death then that the trustee shall by  sale demise or mortgage or by rend and profit in the mean time in case such  term shall have take effect in possession raise the sum of pound portion for  the daughter of the marriage if but one and to be divide among they if more  than one Payable at their age of sixteen if either the husband or wife shall  be then dead but if both shall be at that time live then within six calendar  month after the death of either the husband or wife with interest for the same  from the death of doctor baines and Elizabeth his wife or either of they and  in case any of the daughter shall die before the portion become Payable her  share to go to the survivor peer William proviso that if the next person in  remainder shall pay the portion to the daughter or daughter or if at the time  of such failure of issue male of the say doctor reins the husband by Elizabeth  his wife to be beget as aforesaid there shall happen to be no such daughter of  their body beget nor any such daughter to be afterward bear alive or there be  such all of they shall happen to die before their respective age of sixteen  then and in any of the say case the term to attend the inheritance the  marriage take effect and there be no son thereby and but one daughter who  attain her age of sixteen in the lifetime of her father and mother and without  their consent intermarry with the plaintiff Mr Gordon who never make any  settlement on her the daughter die in the lifetime of both father and mother  within four month after the marriage and without issue in order to the  determination of this case the Lord chancellor call to his assistance the Lord  chief justice Raymond and the master of the roll when for the plaintiff it be  insist that his have marry the daughter without the consent of her parent as  also his never have make any settlement on her together with her have die  within four month after the marriage without issue all these circumstance make  no manner of alteration in the right to the portion for that suppose the  plaintiff to have marry with the parent consent to have make a settlement on  his wife and to have have issue by her live if in these or any of these case  he have be entitle to the pound portion he must even now have the very same  peer William er p right peer William thereto which depend on the word of the  settlement make before marriage and can not be vary by any subsequent accident  quod curian to go away that at the age of sixteen so often mention in the  settlement the right to the portion vest in the daughter although the same be  not raisable till within six month after the death of the father or mother or  one of they and they compare it to the case of Butlr v Duncomb vol where a  term of year be limit upon failure of issue male of the marriage for raise  portion for daughter Payable at twentyone or marriage which shall first happen  and the trustee be to raise the portion by sale or mortgage when the term  shall commence and there it be agree that the right to the portion vest on the  daughter attain twentyone her father be dead so that there can be no son and  be a interest transmissible to her executor but that the portion can not be  raise until the mother die in regard that until then the term be not to  commence that the clause of the trust of the term declare that in case there  be several daughter if any of they shall die before the portion shall be  Payable her share shall go to the survivor imply that if there have not be  that declaration it will have vest in such daughter so die as aforesaid and  since no provision be make in case of there be but one daughter it seem  natural to infer that the right to the portion vest in such daughter also as  the mother bring pound portion into the family it will be hard that the  daughter shall marry and be entitle to no portion on the other side it be say  and so resolve by the court peer William that in the case of butler v Duncomb  the portion be hold to be vest in all event at the daughter attain her age of  twentyone though not raisable till the commencement of the term whereas in the  principal case it be not to vest until six month after the death of either the  husband or wife and the daughter happen to die in the lifetime of both that  this portion be to arise out of land and the daughter die before it become  Payable the same sink into the land agreeable to the settle distinction  between a portion secure out of a personal estate and one charge on land which  rule hold also with regard to legacy videlicet if a legacy be give out of a  personal estate to I S Payable at his age of twentyone and he die before  twentyone yet the legacy shall go to his executor on the contrary where a  legacy be give out of a real estate Payable at twentyone and the legatee die  before that age the legacy sink with respect to the clause of the trust of the  term declare that in case there shall be several daughter and any of they  shall die before their portion become Payable in such case their portion shall  go to the survivor this be say to be a distinct clause to take place only  where there shall be several daughter and can not any way affect or extend to  the case where there be but one daughter consequent it be nothing to the  purpose but if any use be to be make thereof it may as well be infer from  thence that as where there shall be several daughter and one shall die before  her portion become Payable her executor peer William or administrator be to be  exclude so where there be but one daughter and she shall happen to die before  her portion become Payable neither shall her representative have any right  thereto that the proviso make it still plain that the portion be to sink this  be that if at the time of failure of issue male of the say marriage there  shall happen to be no daughter of the marriage then the year term shall be in  trust to attend the inheritance now no daughter of the marriage be live at the  time of failure of issue male and there be then a failure of issue male when  it become impossible there shall be issue male which be not while both husband  and wife be live nay if the husband have die first there will have be still a  possibility of issue male with which the wife may have be privement enseint  but when the wife die without issue then and not before there may be say to be  a failure of issue male that it can not be say that at the death of the  daughter though there be then no son there be a failure of issue male for a  son may be bear afterward so if such son have die live both the father and  mother so that in common sense and reason the failure of issue male must be on  the death of the wife without a son which in this case have since happen last  that though it may seem hard the daughter shall marry and have no portion  notwithstanding her mother have bring pound into the family yet it must on the  other hand be allow to have be very reasonable to leave the right to the  daughter portion in suspense and contingency during the joint life of the  father and mother to the intent she may be in some measure keep in a  dependence upon They peer William er p and under no temptation to marry  improvident which be the very reason give in the case of sir Willoughby peer  William Hickman v sir Stephen Anderson vern also that in the case of portion  secure by marriage settlement regular speak the court in the construction  ought not to omit or add any word thereto f or this will be not to construe  but make a settlement especial where the settlement will bear a reasonable  construction as in the present case it plain will wherefore on the first speak  to the case this bill for the portion be dismiss with great clearness by the  unanimous opinion of the Lord chancellor the Lord chief justice Raymond and  the master of the roll but without cost Reg lib a fol this distinction with  regard to legacy be agree to and settle by the master of the roll in the case  of Whiddon v oxenham July Eq can ab pl and as to portion see Jennings v look  vol and the duke of chandos v Talbot