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![handle is hein.slavery/ssactsengr0730 and id is 1 raw text is: BERNARD V. MOUNTAGUE
of £2000 each, to the children of the said T'heobaldina Goldschmidt, who may here-
after be born ; and in making such inquiry, to have regard to the age of the said
Theobaldina Goldschmidt, and to state his opinion thereon with any special cir-
cumstances.-Account of what due for interest of the Legacies of £2000 each, to
the said four children, at the rate of £4 per cent. from the end of one year after the
Testator's death, to be paid to Theobaldina Goldschmidt, for her separate use, &c.
(Reg. Lib. A. fo.)
(1) 3 Ves. 730. See also Whitbread v. Lord St. John, 10 Ves. 152. Gilbert
v. Boorman, 11 Ves. 238. Walker v. Shore, 15 Ves. 123. Crone v. Odell, 1 Ba. &
Be. 449, where the doctrine on this class of cases is very fully treated.
(2) See Smith v. Streatfield, 1 Mer. 358, and Ayton v. Ayton, 1 Cox, 327, where,
on a rehearing, although the Master of the Rolls (Sir Lloyd Kenyon), held that the
words were not sufficiently strong to extend the distribution of the residue to children
born after the death of the Wife, yet, he seemed to consider that the inconvenience
attending a different construction would not alone prevail to controul a manifest
intention.
BERNARD V. MOUNTAGUE. Rolls. May 31, June 18-25, 1816.
Devise upon trust, by mortgage, or out of the rents and profits, to pay debts, and
afterwards to raise portions for the Testator's daughters, such portions to become
due, and be considered as vested at the expiration of two years next after my
decease, if my debts shall be then paid. This is a condition precedent to the
portions becoming vested; and, one of the daughters having died while her
portion remained unpaid, upon a question between her representative and the
persons who would be entitled in the event of the portion not having become
vested in her life time, an Inquiry was directed as to the time when the debts were,
or might have been, paid.
The questions in this case arose on the construction of the Will of James Irving,
Esq., whereby the Testator gave his estate and plantation in the Island of Jamaica
to Trustees for a term of five hundred years, and, subject thereto, to the use of
his four sons as tenants in common, and declared the Trusts of the five hundred
years' term as follows :-
[423] Upon trust, in the first place, by mortgaging the premises therein con-
prised, or a competent part thereof, and by and out of the rents and profits thereof
in the mean time, or by either of these ways and means, to pay off, satisfy, and
discharge such of my debts as my personal estate shall fall short of satisfying ; and,
upon further trust, by the means aforesaid, or either of them, to raise and levy
the sum of £2200 a piece for my daughters, A. S. I., M. B., and S. I., and such other
daughters, as I may hereafter happen to have, either born in my lifetime, or after
my decease, as, and for their portions respectively, such portions to become due, and
to be considered as vested in my said daughters respectively, at the expiration of two
years next after my decease, if my debts shall then be paid, but, nevertheless, so as
that such portions shall not bear or carry any interest ; and upon further trust, by
and out of the rents and profits of the premises comprised in the said term of five
hundred years, to levy and raise the yearly sums hereinafter mentioned, as and
for the maintenance of my said three daughters respectively, and such other daughter
or daughters as I shall so hereafter happen to have, as aforesaid, until their respective
portions shall become payable, and shall be actually so raised as aforesaid ; that is
to say, unto, or for such of them as shall be under the age of thirteen years at the time
of my decease, the yearly sum of £60; and afterwards to and for them, and to and
for such other or others of my said daughters, as at the time of my decease shall not
have attained the age of eighteen years, the yearly sum of £80 a piece, until they
shall respectively attain the said age of eighteen ; and afterwards to and for the same-
daughters, and also to and for such other or others of my said daughters as.shall
not at the time of my decease have attained the age of twenty-one years, the yearly
sum of £100 a piece, un-[424]-til their said respective portions shall be actually
levied and paid to them respectively, as aforesaid.
The Term was then declared to be upon further trust to pay certain annuities
729
1 X ER. 423.](ViewImageLocal?handle=hein.slavery/ssactsengr0730&div=1&collection=&method=preview&ext=.png&size=3)