KEERL VS. FULTON. 535

1 Roper on Legacies, 376, sec. 2, and the cases there referred
to, clearly establish this to be the doctrine.

As, however, by the express terms of the will, the convey-
ance or assignment was not to be made by the trustees until
the child or children of the testator's daughter should have
severally attained the age of twenty-one years, so neither can
it now be made to the representatives of the deceased son, who
died under that age, until, if living, he would have attained it.
The rule upon this subject is this—"that if a legacy be given
to A. to be paid at twenty-one years, ahd the intermediate in-
terest is not given, and A. die before that period, his represen-
tative must wait for the money until A., if living, would have
attained twenty-one; but if the legacy be limited over to B., on
the event of A. dying under that age, and A. die before that
time, B. will be entitled to call for it immediately upon the death
of A." But as the representatives of A. can only claim as he
could have done, if living, and as he had no power to call for
the legacy before he attained twenty-one, so neither can his re-
presentatives insist upon the 'payment of it sooner. Oriclcett
vs. Dolby, 3 Ves. Jr., 10.

I am, therefore, of opinion, that though the legacy vested in
Robert Henry Fulton, the deceased son of the testator's daugh-
ter, yet his representative cannot demand it until the period ar-
rives when he, if living, would have been entitled to receive
it; that is, until he would have attained the age of twenty-one
years. And when that time shall have arrived, the personal
.estate, which devolved upon him on the death of his mother,
will be payable to his administrator to be appointed by the
Orphans' Court, and will be there administered.

With respect to the real estate to which the deceased be-
came entitled at the same period, that, it is conceded by the
answer, descended to his brother, Henry K. Fulton, one of the
petitioners.

When the widow of the testator, who is now living, shall
die, the time will have arrived for dividing among, the several
children left by the testator, the rest, residue and remainder of
his estate; and until that event shall occur, there does not