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the words of the will, in case my son does not dispose either by deed or will, which shall first happen, did not give, or were intended to give him the absolute property of the £3000, but merely a power of appointment by deed or will, which he might execute or not, as he thought proper. That the legacies being given to take place upon a certain event, not contrary to law, and the event having happened, the legacies were valid, and ought to be raised and paid.

On the other side it was argued (W. de Grey, C. Robinson), that no personal property can be limited to take place on so remote a contingency as the death of a person dying without issue generally; and that there was nothing in this will to restrain the contingency to the time of the son's death. That it was a limitation over to other persons, after the absolute interest was vested in, and an unrestrained power of disposition given to the son. That the testatrix seemed to have imagined, that she might by law make farther limitations of personal property, after such a remote contingency, and an absolute power of disposition; but in this she was mis-[318]-taken, such limitations having been long since settled to be null and void.

After hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed, and the decree therein complained of, affirmed. (M. S. Jour. sub anno 1770–1, p. 33.)

Lascelles Metcalfe being seised and possessed of a considerable real and personal estate, made his will, dated the 31st of May 1738, and thereby, inter alia, gave and devised in the following words:

I give and devise unto my brother John Cox, and my cousin Jacob Foster, and to the survivor of them, and to the executors and administrators of such survivor, £4000 stock in the Bank of England; in trust nevertheless, and upon this special confidence, that they the said John Cox, and Jacob Foster and the survivor of them, and the executors and administrators of such survivor, shall and do apply and employ the dividends and profits thereby and by means thereof arising, to such uses, intents, and purposes, as are herein after mentioned and appointed of and concerning the same. And fret, my mind and will is, that my said trustees shall pay unto my said daughter Elizabeth Russell, all dividends arising therefrom after my decease, for her sole and separate use, exclusive of her present husband, or any other husband she may hereafter marry, by half yearly payments. And I do will and appoint, that the money arising by such dividends shall not be paid to, or be subject to the power and control of her present husband, or any other husband she may happen to marry, or be subject to the debts of her present husband, or any other husband she may happen to marry; but that the same shall be and remain to and for the sole use and benefit of my said daughter, and her receipt shall be a sufficient discharge to my trustees for the same. My min and will is, that my said trustees, or the survivor of them, and the executors and administrators of such survivor, shall and do, within one month after the decease of either of my said trustees, assign and transfer, by some proper deed or writing for the same purpose, to two other [319] trustees, that my said daughter shall name and appoint, the said stock and dividends arising thereby, to such uses as are hereinafter limited and appointed. And my mind and will is, by such deed and assignment, the dividends arising by such stock shall be paid to my said daughter, for and during her natural life, for her sole and separate use, wholly exclusive of her now husband, or any other husband she may hereafter marry; and that the said dividends