bourn contra tynt car f portion and interest devise upon a contingency of die  or marriage decree to be pay into court for the benefit of the heir accord to  the will in case of the devisees death the case be that Roger bourn the  plaintiff brother by his will in devise to executor in trust a land as before  that time be mortgage to he and all money due thereupon that they shall lie  out so much of his personal estate as remain after debt and legacy pay in a  purchase of land of inheritance to be settle on the first son of his body and  the heir male of the body of such first son and so to all son in tail male and  for want of such issue on the plaintiff for life remainder to the plaintiff  old son in tail remainder over to the plaintiff child in tail and by his will  declare and devise that in case the child his say wife be then big withal  shall be a daughter then he give to her pound to be pay to her at twentyone or  six month after marriage and in case she chancery report marry with consent of  the trustee then the say portion to be pound and it be provide by the say will  that the trustee out of the interest of the say pound shall pay for the  maintenance of the say child pound per annum and it be also provide that in  case such daughter shall die before such marriage or age of twentyone then her  portion and money so devise to her shall go and be for the use and benefit of  such person or person as shall at any time enjoy his land of inheritance  accord to the will and thereby declare the same money to be lie out in a  purchase of land to be settle as aforesaid and also declare that the rest of  the personal estate not give or dispose of by his will shall all be bestow in  Landsof inheritance and settle as aforesaid and the say Roger bourn die  without issue male of his body and about three month after the say defendant  Florence his only daughter be bear and the trustee have not pursuant to the  will lie out the personal estate in land so that the plaintiff ought to have  the interest of such money as shall have be lie out in land the question in  this case be whether the pound and the interest thereof chancery report er p  over and above the pound per annum maintenance of the defendant Florence shall  chancery report be pay to the defendant to the plaintiff who claim the same by  virtue of the will in case the say defendant Florence have not happen to be  bear the will be make before she be bear and the plaintiff claim the pound and  interest over and above the say pound per annum in case she shall die or not  be marry or incapacitate to dispose thereof the defendant insist that the  plaintiff have a very considerable estate from the testator by the say will  which will have descend to the defendant Florence in case she have be bear and  live at the time of the death of her say father and that the plaintiff can  have any pretence to the interest of the say pound as aforesaid for that there  be not any clause or direction in the will touch the same this court declare  the pound and interest over and above the say pound per annum belong to the  plaintiff in case the say Florence die before she receive the same by the say  will and decree that the interest of the pound be pay into court and not to be  take out without good security give by the say Helena to make good the benefit  thereof to the plaintiff in case the say Florence die before twentyone year or  marry as aforesaid as the will direct