atkins case GUIDOT versus GUIDOT between the seal after Trinity term see in re  Greavess settlement trust Ch d will Act wm Vict c S by article previous to the  marriage of a g with the plaintiff recite her portion to be pound and that the  defendant as a advancement of his brother g have agree to pay pound it be  agree to be lie out in the purchase of land or in some church college or other  renewable lease to be settle to the same use as the freehold and leasehold  estate which a g be seize and possess of be appoint to be settle the last  limitation to a g and his heir the pound and pound have never be lie out in  land but remain in money to a g s death he by will devise all his freehold  leasehold and copyhold land lie in Islington and in Elsfield in Hampshire or  elsewhere to the plaintiff for life and after her death to the defendant and  his heir and his personal estate after pay his debt and legacy he give to the  plaintiff and make her and the defendant executor the pound and pound must be  lie out in the purchase of land of inheritance or in church or leasehold for  the court be of opinion if there have be only a general devise of his land  this money will certain have pass money covenant or direct by a will to be  invest in the purchase of land be consider in equity as land in the follow  instance it passes under a devise of land and hereditament but not under a  bequest of personal estate Lingen v Sowray p W Harvey v Aston atk green v  smith atk and note beauclerk v mead atk Guidot v Guidot above Rashley v master  bro Charles Rep Whittaker v Whittaker bro Charles Rep and if not devise away  it will descend to the heir at law Edward v countess of Warwick p W Lechmere v  Carlisle p W cross v addenbroke and Fulham v Jones p W note c it be subject to  the courtesy of the husband Sweetapple v bindon vern Cunningham v moody Ves it  be not consider as asset to satisfy simple contract debt Trelawney v booth atk  Whitwick v Jermin cite in Baden v Pembroke vern where it be charge with legacy  equity construe those legacy as charge upon a real estate pullen v ready ante  vol attorney general v milner ante it be observable likewise that a feme  covert can pass her interest therein unless she be present in court and  examine as a feme covert be upon a fine in which case equity will decree the  money instead of the land Oldham v Hugh atk but where v recovery be necessary  to bar the remainder over there equity will not decree the money to the tenant  in tail but will direct the same to be invest in the purchase of land in order  to give the remainderman his chance collet v collet l atk but see Geo c as to  what shall amount to a election in the person who be entitle to the absolute  interest to take it as land or money see crabtree v bramble atk the bill be  bring that the defendant Mr Guidot may account for four thousand pound and  interest from August and that the defendant Mr child may account for eighteen  hundred pound and interest by article make previous to the marriage of Anthony  Guidot the defendant brother with the plaintiff recite her portion to be two  thousand eight hundred pound and that the defendant as a advancement of his  brother and for a better provision for the plaintiff and the issue of the  marriage have agree to pay four thousand pound it be thereby declare and agree  that the pound and the pound shall be lie out in the purchase of land in great  Britain or in some church college or other renewable lease to be settle to the  same use and trust as the freehold and leasehold estate which Anthony be seize  and possess of are appoint to be settle note the limitation of which be to  Anthony for life remainder as to a rend charge to plaintiff for life remainder  to the issue of the marriage remainder to Anthony and his heir the last  limitation to Anthony and his heir and until a purchase can be have in trust  for the trustee to put out the say money upon mortgage or on government or  other security and to apply the produce as if land have be purchase the pound  and the pound have not be invest in the purchase of any freehold or leasehold  land but the same remain in money to the death of Anthony Guidot Anthony  Guidot by his will devise all his freehold leasehold and copyhold land lie in  Islington and in Elsfield in Hampshire or elsewhere to the plaintiff during  her life and after her death to the defendant Guidot and his heir and as to  his personal estate of what nature and kind soever he give the same to the  plaintiff pay his debt and legacy and make her and the defendant Guidot his  executor atkins the plaintiff insist that the pound and pound ought to be take  to be part of the testator personal estate and that she be entitle thereto as  part of the residuum of such personal estate bequeathe to her by the testator  will and that the defendant Guidot have no power to make any purchase with  these two sum it not be the intent of the article the defendant Guidot who be  heir at law to Anthony who die without issue submit to the court whether the  pound and pound be a marriage portion article to be lie out in land be not in  this court consider as land and consequent do not belong to the plaintiff nor  be include in the bequest of personal estate and likewise leaves it to the  judgement of the court whether these sum ought not to be lie out in the  purchase of land and settle to the use of the marriage article and will the  counsel for the plaintiff cite Soresby versus hollings August and p wms and  mallabar versus mallabar case in Chan in the time of Lord Talbot and roll and  curl versus may mich term Geo before Lord Talbot the last case with a intent  to show that when it be doubtful whether it ought to be consider as money or  land this court will not interfere and they state it thus atkins er p a give  five hundred pound to b in trust that b shall lie out the same upon a purchase  of land or put the same out on good security for the separate use of his  daughter h the plaintiff then wife her heir executor and administrator and die  in in h the daughter die without issue before the money be vest in a purchase  the husband as administrator bring a bill for the money against the heir of h  and the money be decree to the administrator for the wife not have signify any  intention of a preference the court will take it as it be find if the wife  have signify any intention it shall have be observe but it be not reasonable  now to give either her heir or administrator or the trustee liberty to elect  for Lord Talbot say it be original personal estate and yet remain so and  nothing can be collect from the will as to what be the testator principal  intention Mr attorney general cite for the defendant the case of linguen v  Souray Prec in Chan and p wms Lord chancellor the question be whether these  two sum be to be consider as money or land I see but very little doubt in this  case and stop Mr attorney general from go on for the defendant atkins the  article say it shall be lie out in the purchase of land of inheritance or in  church and leasehold then the court must take it to be the one or the other  and during the life of the husband and the wife if lie out it must have be in  one or the other No sort of election be make by the husband note pound part of  the trust money be lie out upon a mortgage in anthones name then at the time  of the will and his death it stand in equity as it do in the article either to  be lie out in freehold or leasehold and therefore this court will call it one  or the other accord to the rule in equity that what be agree to be do must be  consider as do if it have not be for the locality estate in Middlesex and  Hampshire no doubt can have arise but then follow or elsewhere which be the  most comprehensive word be can have use it be say the land do not lie any  where for they be not yet purchase when people make such description as the  testator have do here they intend to pass every thing they have in the world  now the money be somewhere and that by the transmutation of this court be  change into land money be in England like good notabilia in the ecclesiastical  court which must be either in the diocese of the bishop where the person die  or in the diocese of the metropolitan if he be possess of money in different  place so here it be either in money or a mortgage and therefore the word  elsewhere certain take it in then I must consider it as lie out in one or the  other linguen versus Souray be a case in point for there be as much a  objection upon the locality as in the present by marriage article pound be the  wife portion together with pound to be add to it by the husband be agree to be  lie out in the purchase of land to be settle in strict settlement with  remainder in the usual form to the heir of the husband before any purchase  make the husband die without issue have first devise his personal estate which  be of great value than si but without take notice of it to his wife and his  real estate to his two nephew one of who be his heir at law this money shall  in a court of equity be look upon as land and the devise to the wife which be  of great value as a satisfaction thereof Prec in Ch a I declare that the pound  and pound under the article ought to be lie out in the purchase of land of  inheritance or in church and leasehold and that the same and all interest pass  by the say devise make in the say testator will of all his freehold and  leasehold land tenement and hereditament Reg lib a fol for if there have be  only a general devise of his land this money will certain have pass atkins er  p