(Chancery  DIvIbIoil    L.  fi.  [1905]  1  Gh.  535.)

Farwsll,  J.,  delivereil  the  .following  written  judgment:'  Martha
Sarah  Ashforth  made  her  will  on  February  21,  1863,  and  thereby  de-
vised her  real  estate  to  trustees  and  their  heirs  upon  trust  to  receive
the  rents  and  profits  and  divide  the  same  as  soon  as  they  conveniently
could  after  Lady  Day  and  Michaelmas  Day  in  each  year  into  three
equal  parts,  and  pay  the  same  as  therein  mentioned  to  her  three  chil-
dren and  the  survivors  or  survivor  of  them  during  their  lives  and  the
life  of  the  survivor,  and  she  then  proceeded  as  follows :  "And  from
and  immediately  after  the  decease  of  the  longest  liver  of  my  said  three
children,  John  Morris  Ashforth,  George  Morris  Ashforth,  and  Mar-
tha Morris  Ashforth,  I  direct  my  said  trustees  for  the  time  being,
subject  nevertheless  to  the  payment  of  the  said  annuity  to  Miss  Eliza
Robinson,  if  she  should  be  then  living,  to  pay  and  divide  the  said
rents  and  profits  of  the  said  farm  half-yearly,  as  soon  as  conveniently
can  be  after  -the  days  hereinbefore  appointed,  unto  and  equally
amongst  all  such  of  the  children  bom  in  my  lifetinie,  or  within  twen-
ty-one years  after  my  death  of  the  said  John  Morris  Ashforth,
George  Morris  Ashforth,  and  Martha  Morris  Ashforth  who  shall  be
living  on  the  Lady  Day  or  Michaelmas  Day  preceding  such  paynient
and  division.  And  after  the  death  of  all  such  children  of  the  said
John  Morris  Ashforth,  George  Morris  Ashforth,  and  Martha  Morris
Ashforth,  except  one,  I  devise  my  said  farm  and  all  my  said  real  es-
tate to  such  surviving  child  and  the  heirs  of  his  or  her  tody  in  tail,
with  remainder  to. the  right  heir  of  John  ^^orris,  son  of  my  grandfa-
ther Thomas  Morris."  The  testatrix  died  on  July  7,  1864.  Of  her
three  children,  George  died  in  1870,  having  had  issue  three  children
only,  the  present  plaintiffs;  Martlia  died  without  issue  in  1877;  and
John  died  without  issue  in  1897.^  The  question  for  decision  is  wheth-
er the  limitation  in  tail  is  or  is  not  too  remote.
