c Birkett v coward S c vern Eq can lord commissioner legacy lose a devise be  make in these word I give to my sister h pound upon condition that she give  security to leave pound apiece to her two child and apiece to a and b h die  before the testator and the question be whether the legacy be lose to the  child one whereof be now plaintiff it be argue by finch that the construction  of this devise shall be that h shall have the interest during her life and  then the child take the principal after her decease so that although she die  yet the legacy shall not be lose to the child freeman er p but per cur the  legacy be clear lose for it be to vest in h first Corbin v French Ves in  Elliot v davenport vern sir John Trevor m r be say to have decide in  opposition to the case in the text but his decree be reverse by Lord Cowper c  if indeed any decree be make at the roll which appear doubtful from the report  in p wms and see izon v butler price Toplis v baker Cox can but it may be a  question in this case whether it be real necessary as say that the legacy  shall vest in h whether the condition with which the devise be couple do not  convert it as far as relate to the child into a trust if so it will not lapse  by the death of the trustee Moggridge v Thackwell Ves jun eales v England Prec  in Charles which last case be very like the present in its circumstance though  it receive a different decision impose a condition shall seem as unequivocal a  mode of raise a trust as use precatory word which have frequent be decide to  have that effect Harding v Glyn atk provide the subject of disposition and its  amount be as they be in this case certain ascertain Curtis v Rippon mad if the  condition affect as it do the whole amount of the legacy shall be consider as  amount in substance to a bequest over then it be well settle the death of the  first legatee in the testator lifetime will not now disappoint the ulterior  object of such testator bounty Humberstone v Stanton Ves and Bea though the  early authority several of which be collect in the note to the report of the  principal case in Vernon be not to be reconcile it shall be observe however  that miller v warren there refer to as a decision in opposition to the present  be in accord with it as appear by the extract from Reg lib which the learned  editor have annex to that case and she be to secure the like sum to the child  and finch admit it to be against he