case earl of Winchelsea versus norcliffe eoden die in court Lord chancellor  Lord chief justice Beddingfield Lord chief baron Atkins ante case post case  the lady Winchelsea have issue by her former husband sir John Wentworth two  son videlicet Thomas the old son and John her second son settle the land in  question to the use of herself for life remainder to John her second son and  his heir he pay unto Katherine her daughter within six month after the estate  shall fall in possession provide if Thomas the old son shall die without issue  so as his estate shall come to John that then if John do not within six month  afterward pay pound to Katherine the land shall go to Katherine and her heir  Thomas die without issue so that his estate come to John who be under age and  neglect to pay the pound and in truth the land be not worth that money and  Katherine be dead without issue the question be between the earl of Winchelsea  the administrator of Katherine his daughter and dame Elizabeth finch sister  and heir of dame Katherine the plaintiff insist that this be only in the  nature of a security for money and that consequent he become entitle thereunto  as administrator and the defendant insist that it be not a bare security for  money but rather in the nature of a settlement and a plain limitation of the  estate over upon default of payment at the day appoint and that therefore she  ought to have this estate as be Vernon chancery case heir at law to dame  Katherine and the rather for that John who have the title of redemption in  case the estate be redeemable desire not to redeem the same the Lord  chancellor with the concurrence of the judge dismiss the plaintiff bill  declare it be not in the nature of a security for money but a settlement with  a plain limitation over upon default of payment to dame Katherine and her heir  and the plain intention of the party appear to be upon the face of the deed by  the different pen of the two proviso that in the latter case the land itself  in default of payment shall go over to the lady Katherine and her heir and to  make this a redeemable estate be to destroy the know difference in the lawbook  between a condition and a limitation over vide earl of Winchelsea v Wentworth  ante vern and case cite in not there Vernon chancery case er p