atkins case FONEREAU versus FONEREAU August S c Ves a devise to c f of pound  when he attain and the executor empower to lie it out on security and pay the  interest thereof towards the infant education as also a part of the principal  to put he apprentice and the remainder to be pay he at and not before the  legatee die at and the father apply to have the security transfer to he the  time of year be put only to postpone the payment and vest of the legacy and  the father as the representative of the son entitle to it a devise to Claudius  Fonereau when he shall have attain the age of twentyfive year of one thousand  pound which the testator empower his four son his executor guardian and  trustee of the will to lie out on such security as they shall think fit and  the interest or income thereof to be for or towards the education of the  infant as they shall think fit as also part of the principal to put he  apprentice and the remainder to be pay he when he shall have attain his age of  twentyfive and not before a petition by the father the representative of the  legatee who die at nineteen to have the security transfer to he Lord  chancellor the question be whether the time of twentyfive year be put in in  order to postpone the vest of the legacy or only to postpone the payment of it  I be of opinion it be only to postpone the payment it be true there be a  distinction where a legacy be give to one at his age of twentyone there it be  not vest but where it be to he to be pay at twentyone it be vest this  distinction now be absolute settle vide Steadman v Palling ante atk but there  be case where when a testator give interest in the mean time he give a  property in the principal unless something arise on the face of the will to  take off the force of it so Collins v Metcalfe vern cave v cave vern Stapleton  v cheese vern pre Charles SC Clobberies case vent van v clarke ante I atk vol  neal v Willis barn Charles Rep Hubert v parson Ves green v Pigot bro Charles  Rep Hoath v Hoath bro Charles Rep Walcott v hall bro Charles Rep Dodson v hay  bro Charles Rep whether maintenance be equivalent to the give of interest vide  Pulsford v hunter bro Charles Rep Atkins v hiccock ante atk vol Lord Hardwicke  then read the will and say if the word when he shall have attain twentyfive  have be leave out and it have be I give to Claudius Fonereau a thousand pound  which I empower my executor c to lie out at interest and apply for his  education and to pay the residue at twentyfive this will be annex to the  payment only there be a direction for disposal of part of the principal to put  he out apprentice for though the word be empower yet it be Obligatory upon  executor to lie out one thousand pound upon security and they may if they  please take the great part of the principal for this purpose atkins this be  something pike the case in Lord king time of the attorney general and hall vin  pl where the testator give a legacy to one for life and so much as he do not  dispose of give to a charity it be hold the legatee may dispose of the whole  so here if for the legatee benefit they may take almost the whole to place he  out apprentice as if for instance they shall put he to a Turkey merchant where  they insist upon a large sum with a apprentice he direct the security to be  transfer to the father who be the representative of the legatee Reg lib a fol  if a legacy be devise to a to be pay at twentyone and interest be give the  ecclesiastical court will decree payment immediate the interest be for delay  of payment but if to a to be pay at twentyone without give interest then  interest atkins er p will not accrue till the time come at which the person  will have be twentyone if live vide heath v very atk