case KENDAR versus Milward kind v miller pre Ch S c December a die intestate  leave a wife and two daughter after his death pound be find hide in a wall and  in a box the widow lie out this money in land and settle it to the use of  herself for life remainder to her daughter in tail remainder to her own right  heir after the death of the mother and two daughter plaintiff as administrator  to the daughter bring a bill against the heir at law to have two three of the  pound out of the land as personal estate and the master of the roll decree for  he but the decree be reverse by the Lord keeper money have no earmark Thomas  Chalkley a mealman of Uxbridge die intestate leave a widow and two daughter it  be prove that guinea be find hide in a hole in the wall and pound in silver in  a box beside his stock in trade the widow invest the pound in a purchase of  land of inheritance and settle the same to herself for life remainder to her  two daughter in tail remainder to her own right heir both the daughter die  without issue intestate the defendant as heir to the mother enter on the land  the plaintiff as next of kin and as administrator to the daughter bring his  ill to subject the land to the pound that be to refund two three thereof as be  personal estate Vernon chancery case belong to the daughter and several  witness be examine prove that the pound so find in the wall and the pound in  the box be invest in this purchase the master of the roll decree for the  plaintiff but upon a appeal to the Lord keeper the decree be reverse be within  the reason of the case of Kirk and web late affirm upon a appeal in parliament  pre Ch S c that money have no earmark and can not be follow when invest in a  purchase Reg lib a fol enter Kender v hay et vide note in Merreitt v Eastwicke  ante vol and the doctrine that seem to result from the case on this subject  seem to be that though the proof of the money be invest in the purchase be  never so plain yet if it rest in parole and do not appear on the face of the  deed it will not be sufficient vide rial v rial atk and the case cite in note  there Vernon chancery case er p