case ex part lee Lord chancellor Macclesfield Eq can ab pl a assignee or  endorsee of a bankrupt note at a under value be a creditor for the full sum of  the note and may sue out a commission as a creditor for such full sum see ex  part king cook bank law that edit ex part Crosley ib pound pound ex part  Bloxham Ves bro c by of a assignee of a bind or where the endorsement of the  note be subsequent to the bankruptcy I S petition to take out a commission of  bankruptcy against lee and his debt amount to pound appear to consist of note  make Payable by the bankrupt to other person who have endorse they to the  petitioner and to have be buy in by he be in the pound upon which it be object  that such creditor who come by his debt in this in manner be not entitle to  sue out a commission Lord chancellor though the petitioner for this commission  have thus gain the note give by the bankrupt yet he be plain a creditor just  as if the person to who the bankrupt before his bankruptcy give these note  have pay a underrate for they nay though they have be give without any peer  William consideration vet be they now become his debt and the legal right  thereto vest in the endorsee by in case of a assignment of a bind forasmuch as  such assignee not be the legal creditor can not have take out a commission  also have the endorsement in the principal case be make after the bankruptcy  it may be a question whether such endorsee will be entitle to a commission he  not be a creditor for pound or capable of take out a commission at the time of  the party become a bankrupt say vide ex part Thomas atk anon will Bingley v  Maddison cook bank law d edit Brett v Levett east Acherley v Wheeler Peer  William er report date case ACHERLEY versus wheeler and vernon refer to Hearle  v Greenbank atk Crickett v dolby Ves jun feast v Allen hare in re Judkins  trust Ch d Lord Macclesfield Mod Mod fort Com Rep Eq can ab pl pl a among  other legacy leaves pound to his niece b at or marriage and give the residue  of his personal estate to be lie out in land and settle in strict settlement  on c for year remainder to his first son c in tail afterward a by codicil  devise that the pound give by his will to his say niece shall be make up pound  Payable at or marriage the niece be at the time of the testator make his  codicil and under decree she shall have the interest of the pound from the  death of the testator and that c be only entitle to the residue exclusive of  the pound the bill be to recover the interest of a legacy of pound give to the  plaintiff by the will of her uncle Mr Vernon Mr Vernon the eminent chancery  counsel by will date the that of January bequeathe to his sister daughter the  plaintiff ltitia Acherley pound at her age of or marriage which shall first  happen and after some legacy give the residue of his personal and all his real  estate to the defendant Wheeler and other in trust the personal estate be  first invest in land to settle the whole on the defendant bow after Vernon for  year if he shall so long live remainder to trustee during his life to preserve  contingent remainder remainder to his first and other son successive in tail  male remainder over in like manner to the brother of the defendant bowater  Vernon peer William afterward by a codicil date the d of February the testator  appoint that the portion of pound give by his will to his niece the plaintiff  ltitia shall this case be misplace in point of time not have be decree until  the Trinity term follow peer William er p be make up in the whole the sum of  pound and Payable to her at her age of or marriage which shall first happen to  be in lieu and satisfaction of all she may claim out of his real or personal  estate and upon condition that she shall release all right and title thereunto  unto the executor and trustee in the will name the testator die without issue  leave his sister Elizabeth Acherley the plaintiff mother his heir at law the  defendant Wheeler and other executor in trust and the plaintiff ltitia about  year of age who now bring this bill pray that she may have interest pay her  for the pound until her age of or marriage at which time she be entitle to the  principal object interest be in its nature demandable for nonpayment of a  thing when due whereas this legacy of pound be not due until the plaintiff age  of or marriage consequent no interest can be claim until such time as she will  be entitle to the principal far by the term of the codicil she be to release  all right or title to the testator real or personal estate which it do not  appear she have do nor have she offer so to do by her bill beside by the  devise of the residue the interest of the pound do pass which can be debt is  owed in prsenti to loosen in going to be as it come in lieu of the original  legacyof pound give to the plaintiff by the will at her age of or marriage  which sum by the codicil be order to be make up pound and notwithstanding  there be the word add to it Payable at or marriage yet the legacy by the  codicil ought to follow the nature of the original one peer William give by  the will though increase and make a great sum for which reason till the  principal become due the interest thereof belong to the residuary legatee on  the other side it be argue first that the legacy of pound be by the will and  codicil sever from the heap and bulk of this great estate for after the  several legacy give by the will the rest and residue of the testator real and  personal estate be devise to trustee in trust to be settle on the testator  cousin bowater for year remainder to trustee during his life c remainder to  his first c son in tail male successive c so that nothing be intend to be lie  out in land but the rest and residue after all the legacy pay consequent this  give by Mr Vernon to his niece Acherley be never intend to be invest in a  purchase which be say to be acknowledge by Mr bowater Vernon own answer dly as  to the condition that the plaintiff shall release all her right to the real  and personal estate of the testator it be plain she can have no right during  the life of her mother who be the sister and heir of the testator also she may  marry while a infant by which mean her legacy may become due and she not  capable of release or may intermarry with a infant and so neither she nor her  husband be capable of release and yet the legacy due wherefore suppose it to  be a condition it can be no more than a condition subsequent quod cur to go  away dly it be insist that there be a clause in the codicil which make this  case still strong for the plaintiff videlicet that the testator after all his  other debt and legacy will that out of the surplus of his personal estate the  sum of pound shall be put apart for the benefit of the poor of Hanbury and  Shrawley to be keep as a perpetual stock for buy peer William gown for poor  old man and woman and coal and other fuel in the winter now this show that  immediate on the testator death it be intend money sufficient shall be set  apart to pay all the legacy for till then it can not be know what the surplus  be and even out of such surplus pound be to be appropriate to this charity and  only the residue to be invest in land and settle ut above that suppose the  fund out of which this pound be to be pay have consist of mortgage carry  interest since Mr bowater Vernon can not have the interest thereof as plain he  can not be entitle to the interest of nothing but what be to be lie out in  land it follow of necessity that the legatee the niece ought to have it and  the case of bourn v tynte report vent be on this occasion cite as take from  the register book be insist on to be much strong than the principal case it be  thus Lord Hardwicke express some disapprobation of this case in heath v very  atk Roger bourn have land of pound par and and a personal estate of pound owe  to he upon mortgage c and have no child the live by his will devise to sir  Haswell tynte and other who he make executor and their heir all his land and  personal estate secure by mortgage c in trust to lie out all his personal  estate peer William er p which shall remain after his debt and legacy pay in  the purchase of land to be settle on the testator son if any in tail remainder  to his brother Gilbert bourn for life with remainder over to the say gilbert  son c he devise that in case the child his wife be then big withal shall be a  daughter she to have pound to be pay at or marriage and if she shall marry  with consent c then her portion to be augment to pound which sum shall be  secure and keep for that purpose out of peer William his mortgage money and  other security to be pay her at her age of or marriage his wife to have the  education of his daughter and out of the interest of the pound to receive  pound per annum from the trustee for that purpose that in case the daughter  shall die before marriage or then her portion and all money so devise to her  to be employ for the benefit of such person as be to enjoy his land accord to  his will direct that the rest of his personal estate not give or dispose of by  his will shall be all of it lie out in land and settle as aforesaid after the  testator death a daughter be bear and the executor for about eight year pay  the interest of the pound above the pound videlicet pound per annum to Gilbert  the brother but be then better advice stop payment upon which Gilbert the  brother bring his bill to recover the interest above the pound per annum  insist that the rest of the personal estate be all of it to be lie out in land  this do by express word or by a necessary implication include all the interest  of the pound above the pound per annum that there be a contingency in this  case import a condition precedent videlicet that if the daughter shall die  before or marriage the whole pound be to be lie out in land but in that case  the Lord chancellor finch declare that it be never the testator intention the  pound shall be lie out in land or that Gilbert his brother shall have any  benefit thereby in case a daughter be bear which have happen that Gilbert the  brother suit be both unnecessary and unkind in regard he have a very good  estate in land of inheritance from the testator who have no obligation to Le v  the same to he wherefore his lordship decree that Gilbert the brother shall  repay what he have receive that the trustee shall pay the interest of the  above the pound per peer William annum for the benefit and advantage of the  daughter till or marriage and also pay the pound at the time limit by the will  now this case be say to be strong than the principal one saint in that here be  a express provision of pound per annum to the mother for the education of the  daughter which may by implication be think to exclude the daughter from any  far advantage of her portion until she shall come to the age of or marry at  which time the portion be to become due also in the case cite the legacy be  not vest but if the daughter shall die before or marriage then it be to sink  whereas in the principal case there be a vest legacy transmissible to executor  though the plaintiff ltitia shall die before or marriage again the devise  there be to a brother but here to a remote relation and out of a much large  fund the Lord chancellor have take time to consider of the case declare that  the plaintiff ltitia be entitle to the interest of the pound from the death of  the testator say it have weight with he that by the will the pound legacy  leave to the plaintiff be give her at but she come to that age in the testator  lifetime the codicil order it to be make up pound yet not to be pay until or  marriage so that though the actual payment be stop until or marriage it be  however vest present and be sever from the rest of the estate which residuum  only the defendant bowater Vernon be concern in therefore the interest of the  pound from the death of the testator can belong to none but the plaintiff  ltitia which be decree accord vide Nicholls v Osborne post Vol this have  always be consider as a peculiar case and to be support only on the ground  that the testator have place himself in loco parent to his niece heath v very  atk Ellis v Ellis Sch l and see Harvey v Harvey post Vol if tailor v Johnson  ib Crickett v dolby Ves Terrell v Terrell Ves the will and codicil of Mr  Vernon be more full state in bro p c and Edward bro p c but the appeal there  report be not in this cause nor be this point at all litigate there peer  William er p peer William report volume report of case argue and determine in  the high court OF chancery and of some special case adjudge in the court OF  king bench collect by William peer williams esquire BarristeratLaw publish by  his son William peer williams esquire barrister atLaw six edition by Monro  Lowndes and Randall Vol two peer William de term paschae