alein report price v ersus vaughan trin car rot ejection strong in a ejection  strong upon a special verdict upon not guilty plead the case be brief thus  Walter Vaughan be seize in fee of the land in question devise it to Francis  his old son and the heir male of his body the remainder to his second son and  the heir male of his body with other remainder the remainder alein report er p  to the heir male of the bod of the devisor provide if the old son shall die  without issue male but have issue female then I do give full power and  authority to the say daughter to enter into the land and to take the profit  thereof until be that first shall have the land after the death of Francis  shall pay to each of they I towards their marriage and die Francis die without  issue male have a daughter Elizabeth who enter into the land and die the I be  unpay her administrator enter and lease to the plaintiff upon who the young  son of the devisor enter and he eject and if upon the whole matter the entry  of the administrator be lawful they find for the plaintiff and the question in  law be what estate Elizabeth have and it wasargued by hale Maynard and brown  for the plaintiff that she have a interest for a authority to take the profit  imply as much as a devise of the profit which give a interest it be a chattel  like to the case where a feoff be make render rend with proviso that if it be  arrear the feoff may enter and hold the land till it be pay this give a  chattel to the feoff and so it be if the arrear be to be satisfy out of the  profit of the land and so it be in case of a devise to executor till debt be  pay and so brown say it be resolve in a case between eire and haggard hill  James rot c b where a rend be grant out of the land and if the rend be behind  that the grantor may enter into the land and hold it till he be pay that this  be but a chattel it be argue that this chattel be transmissible to the  administrator because if the portion it self have be devise though it be  towards marriage it will have go to the administrator now though the profit of  the land be but a gage till the portion be pay yet it follow the portion as h  a as if a nomin poenva descend to the heir with the rend so if land alein  report be devise to executor for payment of debt it go to their executor and  the executor of tenant by elegit shall have a assize for the remedy go with  the duty Inst e and in this case if it shall not be so the portion may not be  pay which be contrary to the meaning and letter of the will for there be a  express proviso that the land shall not remain over till the money be pay and  Twisden and saint John solicitor argue to the contrary but saint John do admit  it to be a interest but that it be no chattel because the devise be find to be  in pursuance of article of agreement make for the like settlement to be make  by the testator in his lifetime but if such a settlement have be make in his  life it will have give a freehold for life and not a chattel the devise be for  advancement of daughter and it be find by the verdict that acre of land be  devise in which if the daughter shall have a estatefor life it can but be  intend to be as great or great advancement than if I only have be devise to  they and yet that the testator look upon as a sufficient provision and  therefore make the estate determinable upon payment of that it can be think  that the testator intend to give the whole land to the daughter and to debii  the issue male of his young son and yet as this will be pen if it shall not  give a freehold then if the first man die before payment tb daughter shall  have it for ever and dyer b be cite and for this cause also it can be a  chattel for there can be a perpetuity of a chattel uponDo supposal and  therefore there be no more reason to say it shall be fee in they than a  chattel if it be a chattel it go not to the executor or administrator because  it be personal limit to the daughter and not to their executor and  administrator it be limit to they for their advancement which do not respect  their executor if it shall go to the executor then there will be a perpetuity  of it as to the case object by the plaintiff counsel as h which be much insist  upon where beneficiary and use covenant that his feoff shall suffer one of his  executor and assign to take the profit of the land till he or they be pay  livre by the alein report er p covenant c if he die before he have receive it  his executor shall hold it till they be pay it alein report be answer that  this be in case of a use which be then rule mere accord to equity and by  express word it be limit to the executor and there it be for money pay by the  covenantee and so for a duty which go to the executor and for the case of a  devise to executor for payment of debt there it be a chattel in they which go  to their executor because otherwise debt shall not be pay which be the special  reason of that case for such a estate make by grant will be a estate for life  c and in the case of retain land till a rend be pay there the land be take but  as a distress till the rend which be a duty issue out it be pay but in our  case neither the person nor the land be debtor for no legacy be devise to the  daughter the devise be only that they shall hold the land until c and it have  be all one case if it have be make determinable upon any other limitation as  upon payment of money also in all those case the interest be determinable some  way or other but in our case it shall be perpetual upon the contingency  aforesaid hill car banc king