case Willis v SHORRAL February the that t b by proviso in a marriage  settlement give his wife a power to dispose of pound by will to such person as  she shall appoint to be pay to the wife within one year after his death and in  default of such payment I m be empower to make a lease of particular land to  raise this sum the wife make a appointment of the pound but atkins er p never  receive it while live the heir of the husband mortgage the estate to b who  then have no notice of this power afterward on b s purchase the estate the  heir of the husband levy a fine to he and convey the equity of redemption as a  collateral security who then have notice of the power five year incur after  levy of the fine and no claim on the part of the appointees of pound but they  now bring their bill to be pay this sum the plaintiff be entitle to pound and  interest from the end of one year after the death of whether Brickley the wife  of t b Thomas Brickley by a proviso in his marriagesettlement in case he die  without issue give his wife whether Brickley a power to dispose of one hundred  pound by will to such person as she shall appoint such hundred pound to be pay  to the wife within one year after his death and in default of such payment  John Moreton be empower to make a lease of land call Sayress farm to raise  this sum and when raise the lease to be void the wife after the year expire  from the death of her husband make a appointment of the hundred pound but  never receive it while she be live the heir of the husband mortgage the estate  to b who at that time have no notice of this power in the marriagesettlement  afterward upon b s purchase the estate absolute the heir of the husband levy a  fine to he and in the next place by way of collateral security convey the  equity of redemption to b who then have notice of the power five year incur  after levy of the fine and no claim on the part of the appointees of the  hundred pound who have now bring their bill to be pay this sum atkins Mr  fazakerley for the plaintiff insist that nothing can be bar by a fine or  nonclaim but what be first divest that accord to the resolution in zouch and  Stoleys case in Plowdens commentary Plowd jenk cent S c a bare naked power as  the present case be and a mere future interest only can be bar by a fine the  same doctrine be lie down in cro Elizabeth that consider it as a trust it can  be bar for it be express admit that the buyer have notice of it and though he  be a purchaser for a valuable consideration yet notice make he a trustee only  and for this purpose mention vern a seize in fee in trust for b for full  consideration convey to c the purchaser have notice of the trust and afterward  c to strengthen his own estate levy a fine b the cestuique trust be not bind  to enter within five year for c have purchase with notice notwithstanding any  consideration pay by he be but a trustee for b see sander v Dehew for and so  the estate not be displace the fine can bar Mr Wilbraham for the defendant say  that court of equity govern themselves with regard to fine as they do at law  for this reason because they be common security to estate and therefore if he  shall admit this to be a equitable interest in the estate it be equal bar as  if it have be a legal interest and that it be lie down in sir Nicholas  Stourtons case by Lord chief justice hale that a fine and nonclaim be a good  bar to a equity of redemption cite in lingard v griffin vern Lord chancellor  the first question be whether this which be a mere collateral power in the  land can be bar and will depend on the force and effect of the fine here be in  point of law a power vest in John Moreton to create a termfor year for raise  the pound in default of payment by the heir or assign of the testator within  one year after his death the plaintiff therefore have a equitable interest  till the same be pay consider then what effect the fine have either upon the  power or the interest the mortgage take as a collateral security the  conveyance of the equity of redemption after the fine levy atkins general  speak some right that a person have in a estate must be displace to give a  fine any force Margaret Podger case   a cruise a great force too have be give  to fine a collateral or naked power can be bar nor extinguish by fine feoff or  any other conveyance   Litt a Albany case   a dig case   a Edward v slater  hard by statute than they have at law as by the statute of nonclaim c but I do  not find in any of these statute that a power be bar by they but only such  right claim and interest which stranger have at the time of the fine levy  unless they pursue their title claim and interest by action or lawful entry  within five year after the proclamation make and certify how can a stranger as  John Moreton be that have no interest make a entry he who have bare a naked  power and consequent can not be affect by a fine for the construction of the  statute of h in bro Abr title fine sect as to what a fine will bar do not at  all relate to power atkins er p but then it may be say the lessee of Moreton  may have enter for he have a right by virtue of the leasehold estate and to be  sure Saffyns case   b come very near this case for nothing can be more like a  power than a interest termini a man make a lease for year of certain land to  begin after the end of a term for year then in be the first year determine the  second lessee do not enter but he in the reversion enter and make a feoff and  levy a fine of the land with proclamation accord to the h c and five year pass  without entry or claim make by the second lessee and the question be whether  the lessee for year be bar by the fine and the act of h adjudge that this term  and interest be bar and both within the letter of the act and the mischief  intend to be pro vided against thereby the next consideration be what effect  the fine will have upon the equitable interest and no doubt the rule of this  court with relation to fine have be take by analogy from the rule at law and  the effect be the same with regard to a equitable interest if of such a nature  that turn into a legal interest it will have be bar but I need not labour this  point for suppose the equitable interest be bar yet I be of opinion the power  be still subsist in John Moreton and he may make a lease till the hundred  pound be raise I do therefore declare the plaintiff be entitle to a  satisfaction for the sum of one hundred pound and interest from the end of one  year after the death of whether Brickley and do therefore decree the defendant  the heir at law of Thomas Brickley to pay the same to the plaintiff accord  with interest at the rate of pound per cent