case basket versus pierce eoden die in court Lord keeper Eq can ab pl S c  beneficiary and trust in tail with remainder over levy a fine and die without  issue and there be five year and nonclaim by opinion of Lord keeper  remainderman bar a man by his will devise his land to trustee for year for the  payment of his debt and legacy and afterward in case they shall not act and  take upon they the trust within six month after his death then he devise the  say land to another and his heir in trust to pay his debt and legacy and  afterward to a in tail remainder in tail to b a levy a fine and die without  issue five year pass and nonclaim the question be whether this fine by  beneficiary and trust in tail and nonclaim shall bar the remainderman in tail  and the Lord keeper be of opinion that it shall for equitable right be as well  to be bind by fine as action and title at law and cite the case of freeman and  barn Kel Rep vent side Le v Rep carter SC seys v price in Ch Trin where land  be devise to trustee for payment of debt and legacy and raise portion and then  to I S in tail I S before the debt pay suffer a recovery and hold good say  vide bagshaw v Spencer ves atk SC as to the effect of such a devise for  payment of debt where a fine by beneficiary and trust be adjudge a good fine  and bar and he be of opinion that it will bind at law but it be urge for the  plaintiff that in the case of freeman and barn there the fine be levy by the  beneficiary and trust that have the whole entire estate in he and so be to  work upon his own equity only but here the beneficiary and trust have but a  estate tail only which be spend and there be other remainder over and they do  insist in this case that the remainderman be not bar by nonclaim for that all  the debt and legacy be not pay and so his title Vernon chancery case be not  commence and the term for year do subsist and be not expire and it be insist  that the entire estate at law be in the trustee he ought to have enter and it  be against equity to suffer the beneficiary and trust to be bar by nonclaim  for the laches of his trustee vide Webber v earl of montrath Mod Allen v sayer  post vol whereupon the Lord keeper decree the trustee shall give leave to the  plaintiff to bring a action in his name to try his title and say it be a title  at law he will not determine it himself though his opinion be that the  plaintiff be bar the cost of this suit order to the defendant and plaintiff to  enter into recognizance to pay the mesne profit Reg lib a fol vide north v  William Ch can SC nom north v way ante Qure if the devise in this case be not  a legal estate execute by the statute of use and not a trust vide Popham v  bampfield ante and note in the case of gore v core in Chan and b r p wms  determine by the certificate of the judge that January a term of year devise  to trustee for payment of testator debt and other money be take not to be as a  absolute subsist term but only as a security for money and that it will not  prevent the next limitation from take effect as a executory devise which it  can not do if the devise of the term be to be consider as a absolute subsist  term Vernon chancery case er p