534 HIGH COURT OF CHANCERY.

Amelia, the daughter of the testator, survived him, and, after
intermarrying with the defendant, Robert Fulton, herself died,
leaving as her only issue two sons, the fruit of the marriage,
one of whom, Robert Henry Fulton, subsequently died on the
24th of February, 1849, aged eighteen years and five months,
unmarried and without issue, leaving surviving him his brother,
Henry K. Fulton, one of the complainants, and the defendant,
his father/

The bill in this case was filed by the trustee Keeri and the
surviving son of the testator's daughter Amelia, for the pur-
pose of obtaining the aid and direction of the court with re-
spect. tn the estate; and also with regard to the estate, real,
personal and mixed, which, upon the death of the testator's
wife, was' limited over to his seven children, including the
daughter, in equal proportions.

The case being submitted upon an agreement in writing,
without argument, the Chancellor, after stating the facts,
.said:]

THE CHANCELLOR:

I think there can be no doubt, 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 the proper time shall have arrived—that is, when the
son, if living, would have attained the age of twenty-one
years—the trustees would have been bound to convey and as-
sign to such son his proportion of said estate. The will gives
the daughter an estate for life, and upon her death, if she should
leave children, the limitation over to them is absolute, in equal
proportions. When the daughter died, therefore, her two sons
surviving her, the estate vested in them absolutely, the convey-
ance or assignment only being postponed until they should re-
spectively attain the designated age, to wit, twenty-one. The
time was only annexed to the conveyance or transfer, and not
to the gift of the legacy; and hence it was not at all material,
with reference to the rights of the representatives of the lega-
tees, whether they attained the age of twenty-years or not.