atkins case stamper versus millar February a proviso in a settlement that  pound shall and may be lie out by the trustee in the purchase of land where  there be a power to lie out money in land but the original intention be it  shall be consider as money if not vest in land it shall not be consider as  such and go to the heir a question in this cause arise upon a settlement make  upon a marriage in which there be a proviso that one thousand pound therein  mention shall and may be apply and lie out by the trustee in the purchase of  land and hereditament freehold or copyhold it have be insist by the plaintiff  the heir at law of the covenantor in the settlement that the thousand pound be  at all event to be lie out in land and though the trustee have not do it yet  that it be to be consider in this court as land vide Guidot v Guidot atk and  consequent he be entitle to a account from the trustee representative Lord  chancellor where there be a power to lie out money in land under some  particular circumstance but the original intention be that it shall be  consider as money if it be not actual vest in land it shall not be consider as  land and go to the heir the first clause under the deed be a clear trust of  money and a complete direction of the intent and purpose for which it be  create all the word in the deed while it be to continue money be positive and  imperative but the proviso relate to the lie it out in land be only the  aforesaid pound shall or may be apply c atkins er p it be different from the  trust of the money for there be no covenant upon the trustee to do it but  begin with the principal sum of one thousand pound and though shall or may in  act of parliament have be construe absolute attorney general v lock atk yet  this case differ great from that all the three trustee be dead and it be not  possible to be do now the word shall or may be only insert to leave the  election to the trustee whether they will for secure the pound let it continue  as it be already in mortgage or bind or call it in from these security and lie  it out in land atkins the heir at law be not at all in the consideration of  the settlement and therefore appear to I to be a extreme clear case against  the plaintiff that the thousand pound settle by deed be to be consider as  money his lordship dismiss the plaintiff bill but without cost