c Ro pit v Ro pelham et ux et mab Shirley S c t Jones Charles can Charles Rep  lev devise to sell land and say not by who post case William Shirley clarke in  the year have jointure his wife in land by his will confirm her estate and  devise that the land shall be sell and the money dispose by his wife and to  three of his nephew by name and if one of they die in the life of the wife  then his part of the money freeman to his cousin Higham the same nephew die in  his wife life the two other nephew the wife and Higham sell to Pitt the  reversion on a full consideration by advice of great counsel that they may  sell and the sale be establish in a court of equity the plaintiff therefore  exhibit his bill against the defendant be the coheir of the devisor that they  may be decree to convey to the plaintiff and at hear a trial at law be direct  whether the wife be in truth executrix may sell in her lifetime or whether the  executor of that executrix on which point judgement be against the plaintiff  in the common plea and now on the equity reserve they come to hear and the  court dismiss the plaintiff bill but order that this be not draw into a  precedent for the future notwithstanding which it be conceive that the decree  be erroneous accord to several precedent in this court and that the defendant  ought to convey to the plaintiff Pitt the intent for which they shall be sell  be certain and the land certain denominate and that it shall be judge in  equity a trust in the heir Bentham v Wiltshire mad Patton v Randall James and  walk Carvill v Carvill Charles Rep post c p Reg lib b fol a case order to be  state r l b fol copy of the case state order to be deliver to Twysden and wile  I I that the Lord keeper may be assist by their opinion fol precedent order to  be furnish on both side fol this court have advice with the judge think it  right for clear the cause that the party shall proceed to a trial at law on a  feign issue to be settle by one of the master of the court if the party can  not agree thereon Reg lib b fol inform we that at the trial a special verdict  be find and after several argument in the court of common plea judgement be  give for the defendant and the cause come on on the equity reserve the Lord  keeper be now assist by Littleton b declare that the will have be find by the  say trial at law to be a void will by the very constitution thereof his  lordship see no colour in equity to make good the same and do therefore  dismiss the plaintiff bill but his lordship further declare that he do not  think it fit the case shall be draw into a precedent in opposition to other  case this be a single case and not parallel to any of the case of which  precedent have be produce see above the reversal of this decree in dom proc on  appeal to sell or that the same be sell by the legatee the heir shall not  impeach the same freeman er p but confirm they and cite precedent order Jun  Nov James July James decree by the Lord chancellor assist by the judge and a  case between high and wordale Thomson devise land to be sell after the death  of his wife but say not by who and the money to be raise by the sale to be  divide among his child make his wife executrix the elder brother and the  executrix lease for year part to Nic a brother and part to another brother who  sell to the defendant wordale which sale be adjudge fraudulent to overthrow  the will and a decree that the land shall be sell and the money divide among  the child the ground of the statute of will h be the good of child and  posterity and though in the principal case here be not child yet the legatee  be the near of posterity the plaintiff Pitt case upon petition to the house of  lord be then hear upon appeal from the aforesaid decree and declare the land  ought to be sell accord to the will Dec