case Elizabeth ackland widow of John ackland decease versus Richard ackland ux  all Eq can ab pl S c a devise to his brother b all his land and hereditament  and all his personal estate desire he to pay his debt and legacy a fee passes  Arthur ackland by will devise to his brother Richard all his land tenement and  hereditament and all his personal estate and whatever else he have in the  world and make he executor desire he to pay his debt and legacy on a special  verdict in common banc adjudge the inheritance pass by this devise Richard  ackland the devisee be the testator young brother and John his old brother  leave a daughter vide on this point note to hook v tailor ante p et vide the  doctrine of the principal case recognize in tanner v wise r wms the above  statement however do not quite accord with that in the register book the case  be short as follow a marriage be agree upon between the plaintiff Elizabeth  ackland and John ackland the young a nephew of the testator Arthur ackland who  have no child of his own the say Arthur ackland in consideration of such  marriage that August enter into a bind in pound penalty to John Vincent the  plaintiff father with a condition to be void if the say Arthur ackland or his  heir in a year after his death charge such of his land as be proportionate to  the charge with the payment of a annuity of pound Payable quarterly to the say  Vincent and his heir for the use of the say John ackland the young for his  life to take effect from the decease of the say Arthur ackland and after the  death of the say John ackland though the say Arthur shall survive to the use  of the say plaintiff Elizabeth for her life if she shall be the widow of the  say John ackland with other remainder over the marriage take effect and have  issue the plaintiff John ackland the husband die in and Arthur pay the annuity  to Elizabeth the plaintiff till Vernon chancery case er p his death which  happen about a near after and by his will that January devise all his land  except as therein be except and all his personal estate to his brother Richard  ackland father of the defendant Richard ackland he pay and secure all his debt  and legacy and of his say will make the say Richard ackland the father sole  executor Richard ackland the father prove the will and enter upon the testator  real estate and possess himself of the personal and pay the annuity to  plaintiff without deduct tax till his death he have make his will and the  defendant Richard ackland his executor who he also leave his heir and who  enter upon the real and personal estate of the say Arthur ackland leave  unadministered by his father Richard and the bill be for a account of the  arrear of the annuity of pound and of the real and personal estate of the  testator Arthur ackland unadministered and the personal estate of Richard  ackland the father and to have the arrear pay and the grow payment of the say  annuity secure either out the say real or personal estate the defendant state  a settlement make on the marriage of defendant Richard ackland and his wife of  all the land so devise by Arthur ackland and deny notice of the bind and claim  to hold the land exempt from payment of the say annuity which they insist  ought to be pay out of the personal estate of Arthur ackland there have be  judgement on a special verdict in the common plea that the devise as above be  a devise in fee the defendant Richard ackland and his wife then submit by  their answer to pay the arrear and grow payment of the annuity deduct tax and  admit asset for plaintiff demand the decree be whereupon c this court declare  that the say annuity or rentcharge of pound per annum ought to be secure to  the plaintiff and to the defendant Elizabeth ackland her daughter accord to  the intent of the agreement mention in the condition of the bind enter into by  the say Arthur ackland decease date that August and that a sufficient part of  the land of the say Arthur ackland devise by his will to Richard ackland ought  to stand charge therewith unless the say Richard ackland the defendant shall  pay the arrear of the say annuity to the plaintiff deduct tax and bring the  sum of pound before one of the master of this court to exonerate his estate  from that demand the say pound to be place out at interest and the interest  thereof to be pay to the plaintiff during her life in full satisfaction of the  say annuity and after her decease the say principal sum of pound be to go to  the defendant Elizabeth ackland the daughter of the say plaintiff for her own  use she have be declare by the decree tenant in tail of the say annuity under  the limitation which be not state in the plead to and in default of the say  defendant Richard ackland pay the say arrear of say annuity which the say  master shall certify to be due and bring the sum of pound before the say  master within three month it be further order and decree that the estate of  the say Arthur ackland devise as aforesaid do stand charge with the arrear and  grow payment of the say annuity which arrear and grow payment be to be pay to  the plaintiff during her life and after her decease the say annuity or rend  charge of pound be to be pay to the defendant Elizabeth and the heir of her  body and the say master be to set apart pound per annum of the estate so  devise by the say Arthur ackland to answer the arrear and grow payment of the  say per annum the defendant Richard ackland to pay the cost both of plaintiff  and what plaintiff shall pay to defendant Elizabeth ackland Reg lib a fol  Vernon chancery case de term S michaelis in curian porter