case terry versus terry and ragget pale yellow Ch pale yellow Eq Rep S c post  Vernon Vernon e contra wms wms S c cite n brown parliament case and ed Vid  brown Rep a executor or overseer who have power by the will to act in every  thing for the advantage of a infant may lie out part of the personal estate in  the purchase of land in the infant name but if he lend the money on a bad  security he must answer it out of his own pocket the plaintiff wife Elizabeth  be the only child of William Goodier who make his will and the defendant  executor and overseer thereof for the benefit of the plaintiff Elizabeth then  and still a infant and empower then thereby to act and do as they shall think  will be most for her advantage and die possess of a personal estate to the  amount of pound and upward which the executor possess themselves of have first  prove the will some time after the executor hear some copyhold land be to be  sell which lie contiguous and near to other land of the plaintiff and which  have former be sell for pound purchase the same in the infant name for pound  and take a conveyance accord another pound they lend out upon bind to one who  at the time of the lend be a considerable trader and esteem a man of substance  have a estate of pound per and beside his trade and several witness swear they  will at that time lend he pound upon his precedent in chancery own note only  but it happen that he after fail and the money become desperate the plaintiff  not like the copyhold purchase bring this bill to have a account of all the  testator personal estate and that the defendant may be decree to pay the same  to the plaintiff and not throw upon they the loss of the money and oblige they  to take the copyhold land against their like it be insist upon to be the  practice of this court that executor have no power to invest money in land  unless the will have give they such authority because the succession of land  be to go one way and the succession of money or personal estate another and  here by this purchase the husband will be defeat of so much of his wife  portion over which he will have have power have not this purchase be make and  therefore it ought not to stand the defendant insist upon the power the will  give they to act for the plaintiff advantage and that this purchase be such  and as to the pound rely on the proof they make of the person ability at the  time they lend it as to the pound my Lord chancellor decree they to pay it and  make the best they can of the bind themselves either by a commission oh  bankruptcy or otherwise as they shall be advice and say he do this for example  to discourage man from take single person bind and that consider the  contingency and hazard of trade a man bind for pound that be to lie any time  be not security for above pound and so he will take this notwithstanding his  ability at the time of lend it but as to the copyhold purchase it appear by  the proof to be for the plaintiff benefit lie decree that to stand and say  that purchase make in infant name may be good enough and here she be still a  infant and therefore the time of her agreement or disagreement be not yet come  beside be marry she have no will of her own and her husband precedent in  chancery have already show her consent to this purchase by cut down timber off  the land then it be pray that she may have liberty by the decree to dissent to  this purchase when she come of age and to claim the money but that my Lord  disallow likewise and say as the tree fall so let it lie and pronounce his  decree accord precedent in chancery er p