Stawell contra Austin, 29 Car. 2. fo. 579.

THat George Stawell Father of Ʋrsula and Elizabeth Stawell being seized in Fee of Lands,* by Deed and Recovery thereon, setled all the said Lands on the Defendant Sir John and Robert Austin and their Heirs, to the said George for Life; remainder for such Estates and Charges, as he by Will or other writing should appoint, remainder to the Heirs Males of his Body, with remainders over, and by Will persueant to the power reserved by the said Deed, devised the premisses setled by the said Deed to the said De∣fendant for 99 years after his death, up∣on Trust, in Case he left no Son, or such as should die before 21 without Heirs, Males, and should leave one or more Daughters, for raising of 12000 l. if but one Daughter, for such Daughter, and if two or more Daughters, then 20000 l. to be raised for their portions, to be equally divided between them, and to be due and payable at their respective Ages of 21 years, or days of Marriage, and the said George died leaving no Son, and ha∣ving only three Daughters, viz. Ʋrsula, Page  126Elizabeth, and one Ann Stawell, who died since her Father, and that the said Testa∣tor George his Relict married the De∣fendant Seymore, and she on the death of her Daughter Ann, took the Administrati∣on of her Estate, and also soon after died, leaving the portion of the said Ann in the said 20000 l. Un administrated, and Ad∣ministration of the said Anns Estate was granted to the said Ʋrsula, and Elizabeth her Sister, who are intituled to the said Anns personal Estate, and that the said 20000 l. ought to be raised by the said Trustees, out of the Lands setled as afore∣said; but the Defendants the Trustees in∣sist, That by the words of the Will it is dubious, whether the whole 20000 l. ought to be raised, or any more than 12000 l.* the said Ann being dead un∣married, and before 21. And the Defen∣dant the Heir insisted, That as the Case is, the portions of the said Ann, ought not to be charged on the said Lands, so the only Question before the Court being, whether the Trustees shall raise 12000 l. or 20000 l. for the said Plaintiffs Ʋrsula and Elizabeth.

It appearing plainly to this Court, that by the words of the said Will, that if the said Testator George had two Daughters, or more Daughter, then 20000 l. should be raised.

This Court is of Opinion, and decla∣red, that the Lands ought to be charged with the 20000 l. and the payment there∣of to the Plaintiffs Ʋrsula and Eliza∣beth.