case Sheldon ux versus dorm mark Lord keeper summer where there be a trust for  raise portion out of rend and profit the land may be sell Trafford v Ashton p  wms by settlement on sir John dorm marriage the land in question be limit to  sir John for life remainder to his first and other son in tail with other  remainder over to the heir male of the family proviso that sir John dorm may  charge the premise with five thousand pound for daughter portion sir John dorm  have issue a son and a daughter by deed recite his power in his  marriagesettlement charge the premise with five thousand pound for his  daughter portion Payable at eighteen or marriage and for the more effectual  raise thereof do appoint that certain trustee shall have the possession  immediate from and after his decease until they shall by rend and profit raise  and receive the five thousand pound part of the estate suppose to be liable to  this charge be evict as be Vernon chancery case copyhold other part as be by a  prior settlement entail and what remain be not worth above pound to be sell  and the question in this case be in regard the land be by the settlement  entail on the son who be a lunatic with remainder over to the heir male of the  family and the charge upon the estate be only by virtue of a power reserve in  that settlement and sir John have in a particular manner direct the way of  raise it videlicet that the trustee shall receive and take the profit until  the be raise whether the court as this case be ought to decree a sale sir John  dorm by indenture date that July for the better raise the say portion and also  maintenance in the meantime grant the say premise in the say county of  Gloucester and Worcester to the trustee therein name to hold to they their  executor and assign after the limitation therein mention for so many year and  so long time until out of the rend issue and profit thereof they shall raise  and pay the say pound portion Lord keeper we be here upon a construction of a  trust where the intent of the party be to govern and court of equity have  always in case of trust take the same rule of expound trust and of pursue the  intention of the party therein as in case of will and that even in point of  limitation of estate where the letter be to be as strict pursue as in any case  now in the case of a will where a estate be charge with the raise of a sum of  money though it be by rend and profit there the court have frequent decree  sale vide on this subject the case cite in note to anon ante vol p berry v  Askham ante and this case be strong than many of those case because here be a  time prefix for the raise of the portion which can be do by annual rend and  profit by the time limit nay in this it can never be do because the estate  charge be defective in value and the annual profit will not pay the interest  that this case be not at all like the case of a elegit where the party be to  hold until pay by profit there he have such a interest as the law give he and  a court of equity have nothing to do to intermeddle nor like the case where a  term for year be allot for the raise of the portion and it effluxes in point  of time before the portion be raise there a court of equity can enlarge  Vernons chancery case the estate nor charge the inheritance in this case it be  agree if sir John dorm have only say that pursuant to his power he charge the  premise with pound without go further that the court may have decree a sale  now in the first part of his deed he do execute his power and express declare  the estate shall stand charge then he proceed and say that for the more  effectual raise of the pound the trustee shall enter and hold until the money  be raise by rend and profit it will be a unnatural construction to say that he  mean by this to restrain what he have before do what he say for the more  effectual raise you will construe to hinder and restrain the raise of it but  the true construction of that clause be that no part of the profit shall be  divert or otherwise apply until the pound be raise and the remainder man in  trust contend for nothing since the estate can never answer the charge lie  thereon and therefore decree a sale and all party to join Reg lib b fol vide  this case mention to be cite by Mr Vernon as a precedent for a like decree  Talbot v duke of Shrewsbury pre Ch Vernon chancery case er p