case chester versus painter at the Council Eq can ab pl pl pl one devise a  three of all his estate whatsoever to his wife and two three of all his real  and personal estate to his son I S and his heir the wife have but a estate for  life in the three part of the real estate the word estate be intend to  describe the thing only and not the interest in the thing and when the  testator intend to pass a fee he add the word heir to the word estate upon a  appeal to the king in council from a decree in the court of chancery in the  island of Antigua the case be one John painter seize in fee of a real estate  and possess of a personal estate in June make peer William his will and  thereby give and bequeathe one three part of all his estate whatsoever to his  wife whether and devise to his son John painter and to his heir two three of  all his real and personal estate upon condition to pay his debt and give to I  S the sum of Payable at twentyone and in the mean time he to have the yearly  sum of which do not amount to the interest of the legacy give to he I S die  under twentyone and his executor demand the legacy present in the privycouncil  be present inter all the Lord chief justice Raymond sir Joseph Jekyll master  of the roll and the Lord chief justice Eyre and the question be saint whether  the wife to who the three part of all the testator estate whatsoever be devise  shall have a estate in fee or only a estate for life on this head vide Barry v  Edgeworth post dly whether the wife shall have a three part of the personal  estate free from the debt or only a three part of so much as shall remain  after payment of debt dly whether the executor of I S shall be pay this legacy  present or wait until such time as I S will if he have live have attain his  age of twentyone as to the first the chief justice and the master of the roll  without difficulty hold that by the devise of a three part of all the testator  estate whatsoever the land do pass as well as the personal estate by virtue of  the word whatsoever but they conceive that the wife shall have but a estate  for life therein the word estate be rather a description of the peer William  thing itself than of the testator interest in it and by the next clause it  appear that where the testator intend to give a fee there he take care to add  the word heir to the word estate but as to the other two point the judge and  the master of the roll take time to consider and have meet together they all  agree and Raymond c I deliver it as their unanimous opinion with regard to the  second point that the widow shall have her three not liable to the debt they  be by the express word of the will fix upon the other two three by which the  devise to the wife be render clear and upon this point be cite die b a Goldsb  as to the three point they likewise hold unanimous that the executor of the  legatee shall wait for their legacy until such time as their testator shall in  case he have live have attain twentyone it be unreasonable that the executor  of I S stand in his place shall be in a better case than I S himself will have  be have lie be live vide post Launde v William and the distinction there take  between the executor or administrator of a legatee die before the day of  payment and the devisee over and it be to be presume that the first testator  have make a computation of his estate and consider when the same will best  bear and allow of the payment of this legacy and there can be no reason give  why a uncertain accident shall accelerate the payment of this legacy before  the time which be at first intend for that purpose see in support of this  resolution vern but leo lady lodge case contra the above case be report to I  by the right Hon sir Joseph Jekyll master of the roll but see the case of  ibbetson v Beckwith where the devise be of all my estate to a for life and to  t d after her death he take the testator name and if he peer William er p  refuse to m b and her heir for ever the master of the roll hold t d take only  a estate for life but Dec Lord Talbot be of opinion t d have a fee and vary  the decree at the roll can tempt Tal but see Frogmorton v holiday Blac Rep  Lord Cardigan v Armitage b c