28 CONTEE v. DAWSON.

ters and no son. Three of her daughters have been married; one
has since attained the age of twenty-one years; and two are yet
unmarried infants. By the terms of the will of Ann Russell, a
right to a share of this legacy could only vest in any of these
daughters on the occurrence of one of four circumstances in addi-
tion to that of her having survived her mother; first, she must then
have attained the age of twenty-one years; or secondly, she must
have been then married; or thirdly, she must after the death of
her mother have been married; or fourthly, after that event she
must have lived to attain the age of twenty-one years. Upon the
happening of any of these circumstances an interest in a due pro-
portion of this legacy vested in each daughter so qualified, as a
tenant in common, with her other sisters, who should, in like man-
ner, then be or thereafter become entitled to a share.

The legacy is directed to be equally divided among all, if all
should become so qualified to take. Hence, on the death of the
mother, leaving six daughters, it became liable, upon the happening
of the specified contingencies, to be divided into six equal parts;
each one of which could only vest as each daughter, who then was,
or thereafter became qualified to take. But as, upon the death of
any one of the six daughters before she becomes entitled to take,
her share would fall in for the benefit of the rest; or in other words,
the whole legacy would not, in such case, be divided into so many
as six parts; the number of shares into which it must ultimately
be divided cannot be finally determined until it shall have been
ascertained, whether or not any have died without having been
qualified to take, after the youngest of them shall have been mar-
ried, or shall have attained the age of twenty-one years. Before
the institution of this suit, on or after the death of the mother, three
parts of this legacy became vested in those of her daughters who
were then or thereafter of full age or married; and one other part,
after the filing of this bill, became vested in the defendant Eliza-
beth Clerklee, who attained her full age. And, consequently, the
two remaining parts must await the event of the marriage, or
coming of age of the two now unmarried infant daughters; until
the happening of one or the other of which contingencies, or the
death of either or both of those infants previous thereto, they
and next their sisters, have an expectant interest in those two
of this legacy, to meet the happening of which event the amount
of those shares must be still retained in trust.

But it has been contended, that this legacy has been transferred