case BUFFAR versus bradford November explain Byng v Byng l I Ch W r h l c see  grieve v grieve lr Eq SC cite Ves a testator have divide his personal estate  into eight share give four part to his niece Buffar and the child bear of her  body the plaintiff be bear after the will be make and mrs Buffar die in the  testator lifetime this be not a lapse legacy for she do not take a estatetail  but as a jointtenant with the plaintiff and as she be dead he take the whole  by survivorship see the case cite in the note to Owen v Owen ante vol this  case arise upon the word and construction of the follow will as to my  household good plate c I give one moiety to my sister mary Bradford the value  of the other half to be place to the account of my personal estate yet so  nevertheless that she shall have the use of the whole so long as she continue  a widow all the rest and remainder of my estate to be value and to prevent  dispute the whole atkins amount of the value of the say estate whether real or  personal to be divide into eight part whereof I give the use of the whole to  my sister mary Bradford for her support and maintenance during the time she  shall remain a widow sans waste so as the same be divide on her marriage two  this to herself two other part thereof to her daughter my niece Ann and the  remain four part to my niece Buffar and the child bear of her body but in case  my sister remain a widow and her daughter Ann marry with her approbation that  then her say daughter shall have one that part of her fortune but no more  during her mother life until her say mother shall marry and for the other that  part which will make up quarter share I leave the valuation and estimation of  the say estate to be make by my sister and nephew John Buffar to be divide b  they but in such manner that if any part shall be think too high value that  then such part shall when that e time of possession come go to mrs Buffar and  her child because they will have then four of the eight part thus I have as  equal as I think reasonable divide my estate for my sister during her life in  case she shall remain a widow without be Accountable to any for the income or  profit thereof that she at her death may be able to give good legacy to such  of her child as shall please her best I leave also to John Buffar and his wife  my nephew and niece and to their child for mourning pound and I appoint my  sister mary Bradford and John Buffar executor the bill be bring to have the  personal estate of the testator secure and the deed and write Lord chancellor  the question be what estate the testator niece Buffar and her child take she  bad no child at the time the will be make but the plaintiff be bear afterward  in the lifetime of the testator the mother of the plaintiff die in the  testator lifetime it be insist on the part of the defendant mary Bradford who  have the estate atkins er p for life and who be likewise heir at law that it  be a lapse devise for that the plaintiff mother take a estatetail and that her  child be word of limitation and not of purchase where the devisee have none at  the time of the devise make and therefore as the plaintiff mother die before  atkins the testator no estate vest in her and consequent it be a lapse legacy  and for a authority her counsel rely on wild case   on the other hand it must  be allow that child in their natural import be word of purchase and not of  limitation unless it be to comply with the intention of a testator where the  word can take effect in any other way but suppose a devise be to a and after  his death to his child here it be a word of purchase it have be admit very  candid by the counsel that as to the personal estate the child though bear  after the make of the will must take equal with the mother as jointtenants for  where a man give personal estate to a and her child to construe the word child  to be a word of limitation and not of purchase will be a strain and remote  construction and will defeat the child entire and the first taker will have  all vide cook v cook vern and forth and chapman adjudge on the same word in  Lord macclesfield time wms it be the time of possession in the present case  which take it out of the reason in wild case for here mrs Buffar and her child  be to have four eight and be to take at the same time as jointtenants the will  in this case confine it to such child as shall be bear in the lifetime of the  testator and therefore be not liable to the objection make by the defendant  counsel that the remainder must divide and split as in common marriage  settlement where there be a estatetail to daughter and one be bear in the  lifetime of the father and another after his death Videathe case of Stephens v  Stephens Cas in Eq in Lord Talb time the plaintiff be bear in the lifetime of  the testator will have take with his mother as jointtenants if she have live  as she be dead he shall take the whole by way of remainder as to the other  point whether a legacy give to one of the executor for mourning for himself  his wife and child shall exclude he from the residue I shall think it very  hard to do it even suppose he sole executor but as there be two in this will  and a legacy to one both shall take the surplus equal and the executor  notwithstanding his legacy of pound for mourning for himself his wife and  child be not exclude Brasbridge v Woodroffe ante