§32 HIGH COURT OF CHANCERY.

to the proceeds which may be derived from the sale of "EHes-
lie," as against the heirs at law or devisees of her husband, and
of all other questions not settled by this opinion.

GEORGE H, KEERL

AND

HENRY K. FULTON

TS.

ROBERT FULTON.

MARCH TBRM, 1850.

[COOTTBCCrlOK Or A WILL—LIMrTATKW Of ESTATB—CCRTEST.]

A TBWATIMI devised and bequeathed certain portions of his real and personal
estate, to trustees, in trust for his daughter during her life, and after her
death, in trust for any child, or children, she might have, with direction
"that the trustees, or the survivor of them, should, after the death of his
said daughter, convey and' assign unto her children; if she should have, or
leave, any at the time other death, in equal proportionB, absolutely, all the
money and estate in his will devised and bequeathed unto the said trustees, for
the use and benefit of his daughter and her children; provided, always, that
no such conveyance or assignment should be made, until the child or children)
to whom the same was to be made, Bhall have severally attained the age of
twenty-one years." The daughter, who survived the testator, died, leaving
two sons, one of whom died intestate and without issue, before attaining the
age of twenty-one years. HELD—

That the deceased son of the testator's daughter, had a vested interest in the
estate devised and bequeathed to his mother for life, and that, upon her
death, and when he, if living, would have attained the age of twenty-one,
the trustees would have been bound to convey and assign to him, his propor-
tion of said estate.

That tis representatives can only claim as he could have done, if living, and
aa he had no power to call for the legacy before he attained twenty-one, so
neither can his representatives insist upon the payment of it sooner.

The same will contained the following clause; "After the death of my said
wife, I give, devise and Bequeath, all the rest, residue and remainder of my
estate, real, personal, and mixed, unto my said children, (naming his six
sons,) and to the said trustees, for my said daughter, as aforesaid, to be
divided into equal proportions, for my said seven children, and to then-heirs,
executors and'assigns forever." The daughter died, leaving the widow of the
testator. HEiin—

That the daughter took an absolute title in remainder, in one-seventh of this
rest and residue, upon the death of the widow, to whom a life-estate was
given.