Bladen versus earl OF pembroke lord commissioner Michaelmas term year the late  earl of Pembroke upon his marriage raise a term of year out of part of his  estate which he settle upon trustee during his own life and afterward that his  lady shall receive the rend and profit thereof during her life and that after  her death the same shall remain to the say trustee under the yearly rend of a  PopperCorn upon trust to attend the inheritance c the say earl do likewise  raise another term of year out of another part of his estate by demise and  Redemise and this be to secure pound and pound per annum to be pay accord to  certain marriagearticle and afterward die there be at the time of his death  many debt due and owe by he on Nelson bind and more upon simple contract and  now upon a bill exhibit by the say creditor the question be whether the  remainder of those term shall be asset in the hand of his executor to pay the  say debt the counsel for the creditor insist that the remainder of both the  say term shall be asset and subject in equity to pay the debt and subject  likewise as law for the same purpose and that the legal estate of both the  term for year be vest in the executor of the earl notwithstanding one of they  be affect with a trust to attend the inheritance those who argue on the other  side say that even the court at law take notice of trust and to that purpose  there be a famous case before the Lord Ch I hale between Laurence and Beverly  which be thus upon a special verdict videlicet one mrs care have pound portion  which be give to her by her father and which be then in her brother hand with  who Mr Beverly treat in order to marry his say sister and thereupon the  brother Nelson er p covenant with Mr Beverly that in a short time after the  marriage shall take effect he will pay unto the say Mr Beverly Nelson his  executor or administrator the say pound to the intent the same shall be lie  out in a purchase of land c and settle upon his sister for life and afterward  upon the issue of that marriage the marriage take effect the pound be not lie  out in a purchase Mr Beverly owe several debt and have make a purchase and his  wife executrix he die without pay his debt his widow the executrix afterward  receive this pound and the creditor of her late husband Beverly bring action  against her as executrix to he all which matter be find special the question  be whether the money be asset in her hand to satisfy her husband be debt and  upon argue this special verdict it be adjudge not to be asset because though  she receive the money yet it be neither in her own right or as executrix to  her husband but upon a trust that it shall be lie out in a purchase of land  and she herself be to have the property and use of those land when buy and as  to the principal case the residue of those term be not vest in the executor  but shall go to the heir Nelson quatenus heir after the trust be satisfy if  any man who be seize in fee make a lease render rend it be true this rend be a  chattel but it be extract out of the freehold it shall go to the heir of the  lessor after his death and not to the executor so if a copyholder in fee make  a lease for year of his copyhold with licence from the Lord the term be not  liable to a execution by a become facias for his debt because the copyhold  land themselves be in no sort liable it be true where a lease be make for year  if three person therein name shall so long live and afterward the lessee  mortgage this lease and then make a will and devise it for the payment of his  debt and die in this case his creditor be let in and the reason be because by  his will he have subject the equity of redemption to the payment of his debt  and they make a great difference where the equity of redemption be upon a  mortgage in fee and where it be upon a mortgage of a ChattelLease or term for  in the first case videlicet where the equity of redemption be upon a mortgager  in fee there a bind creditor Nelson shall never be let in because after the  debt be pay the land be vest in the heir but it be otherwise where a term be  mortgage for the equity of redemption of a term for year come to the executor  and in such case a bind creditor shall be let in because if the term it self  shall be reconvey it will be asset in his hand it be argue likewise in this  case that nothing shall be asset but a term in gross and that a term raise  upon trust for any particular purpose as to make provision for daughter or  young child or the like after such trust be satisfy and suppose the word to  attend the inheritance be omit yet it shall not continue or be stretch far  than the party intend it who meaning must be that after the annuity be satisfy  or the trust perform that the term shall then sink into the inheritance and  not be keep on foot to be make liable to their debt but whatsoever may be do  with a term settle in trustee after the trust be satisfy the reason can be the  same where a term never be in trustee as in this case it be not for by the  Redemise the term demise Nelson be vest in the earl himself subject to the  performance of the agreement therein mention and when those be satisfy it must  of course sink into the inheritance and can never be asset in the executor and  make liable to debt and the demise can never afterward stand by it self for  that and the Redemise be but one conveyance in the law and such a conveyance  be better than a grant of a rentcharge because all subsequent grant stand upon  a equal bottom with the first and therefore if the last grantee make the first  distress he will be first satisfy therefore this conveyance be find out for  the benefit of the person who be to have the rentcharge the court be of  opinion that the remainder of those term be not asset in the hand of the  executor of the earl for the reason insist on by the counsel before mention  and so decree accord Nelson er p