There  are  two  questions  of  construction  raised  and  they  are  questions
of  common  law  without  any  ingredient  of  equity  except  that  there  is  a
devise  to  trustees,  and  therefore  the  interests  are  equitable,  and  what-
ever construction  a  court  of  law  would  put  upon  this  instrument,  a
court  of  equity  would  put  the  same.  The  question  then  is,  first,  wheth-
er there  is  by  the  prior  part  of  these  limitations  an  absolute  vested  es-
tate in  fee  simple  given  to  the  testator's  daughter.  It  is  not  necessary
for  the  determination  of  this  case  to  decide  that  question ;  but  my  im-
pression is,  that  it  is  a  vested  estate  in  fee  simple  in  the  daughter,  Ann
Dales  Allison,  liable  of  course  to  be  divested.  It  is  sufficient  however
to  say,  that  I  will  assume  in  favor  of  the  plaintiff  that  the  testator's
daughter  took  such  absolute  vested  estate  in  fee  simple  in  the  first  in-
stance, although  she. did  not  live  to  attain  the  age  of  twenty-one  years.
