a legal and equitable interest can be incorporate together hill in the case of  sir John Robinson and comens case in Eq tempt Talbot a devise all his land to  b and his heir to the use of b and his heir in trust to pay debt and then in  trust for c and the heir of her body remainder to b and his right heir upon  condition that he marry c and give b his personal estate in trust for c until  she attain twentyone and make b executor and die c refuse to marry b and marry  I S and afterward at her age of twentyone c and I S make a bargain and sale to  W to make he tenant to the praecipe in order to suffer a recovery in which c  and I S be vouch and the use be declare to the issue of the marriage remainder  to c s own right heir quaere what sort of estate the remainder in b be whether  it be a trust or a legal estate it be observable that the whole estate be give  to b and his heir to the use of he and his heir which be a complete  disposition of the whole legal estate and be in case of a will will be so of  the equitable interest likewise unless the testator intent appear to the  contrary as in this case it manifest do for it be give in trust for payment of  his debt c and so far be a limitation of a equitable estate the remainder of  which have the testator go no far will after the purpose serve return to the  heir at law as be determine upon sergeant maynard will but then there come a  remainder to b and his right heir c it be true that the word remainder proper  speak signify only a continuance of the same kind of estate as be before limit  which here be only a trust estate for when the whole legal estate be dispose  of and part of the equitable interest likewise there the remainder must be a  equitable remainder in this case indeed it be not a absolute one but  conditional which when the condition be perform will vest the estate in he and  if the condition be not perform it will then descend to the heir the testator  therefore have consider it as a equitable interest and yet it be likewise true  that this equitable interest when vest in the same person with the legal one  must as to some purpose be consider as a legal interest hill Geo sir John  Robinson and comens case in Eq tempt Lord Talbot vide p c p c this work for  two other question that arise upon this case note the condition of the devise  of the remainder in fee to b be dispense with by c s refusal but then that  remainder be well bar by the recovery suffer by c and her husband vide ibidem  equity case abridge b OF a estate pur auter vie