case disher versus disher Lord keeper Harcourt Eq can ab pl a freeman of  London sign a note by which he own himself indebt in pound to his brother and  heir but his brother know nothing of it the freeman keep this note always in  his own custody and on I be death it be find among his paper adjudge a void  note and as a matter intend and not perfect one settle land on his marriage on  himself and wife and issue of the marriage remainder over and assign banker  assignment which be but personal estate to trustee and declare the profit  thereof to go to the same person as by the settlement will be entitle to the  land and if the annuity shall be redeem by parliament the money to be invest  in land and to be settle to the same use and die these annuity a d banker  assignment after the wife death shall go to the heir and not to the executor  William disher be a freeman of London and have neither wife nor child but have  a only brother the plaintiff this William disher though no waysindebted to the  plaintiff the brother by note under his hand date February promise to pay the  plaintiff pound but the plaintiff know nothing of it the note be keep by  William disher in his own custody and at his death be find among his paper  April William disher intermarry with Elizabeth Thomas and be possess of pound  S d per annum upon banker assignment which be establish by act of parliament  and make a perpetual annuity redeemable by parliament and be thereby to go to  executor and be also peer William seize in fee of land of pound per annum in  Houghton in Bedfordshire previous to his say marriage and in consideration  thereof convey over his land to trustee and their heir to the use of himself  for life remainder to trustee to preserve contingent remainder remainder to  Elizabeth his intend wife for her life remainder to the first c son of the  marriage in tail male successive remainder to the daughter in tail remainder  to himself in fee and have assign over his annuity to the same trustee do by  another deed bear the same date declare the same to be in trust that the  trustee shall pay and apply the say yearly annuity to such person as shall be  entitle to the profit of the land so settle as aforesaid and in case the  principal shall be p id in accord to the act of parliament in that behalf make  that then the trustee shall lie out the money in the purchase of freeholder  copyhold land to be settle to the same use afterward Mr disher die without  issue and leave no will but what he have make before his marriage in which lie  have give several legacy and bequest all which devise be revoke by his  subsequent settlement and have make one Jacob sawbridge who be no relation but  have be his apprentice his executor on a bill bring by the plaintiff John  disher the brother and heir against the testator widow and the executor it be  decree that these annuity be redeemable by parliament be as a mortgage assign  to trustee and direct when pay in to be peer William er p invest in a purchase  and settle as the feesimple land be above settle and therefore though the wife  be to have a estate for life in the annuity by her peer William jointure deed  yet after her death the annuity shall not be look upon as personal estate a  moiety of which on such construction will by the custom of London belong to  her representative but as money direct to be lie out in land and to be a real  estate which after the wife death will go to the plaintiff as heir of William  disher decree also with regard to this pound note sign by the testator by  which he own himself indebt to his brother the plaintiff in pound that it be  always keep by the testator in his own custody and the brother know nothing of  it when give and at the testator death it be find among his paper the same  shall be look upon only as a matter initiate or intend and never perfect and  though it be urge that however it must be admit the note be in fraud of the  custom as to the wife it shall notwithstanding be pay out of the dead man  moiety yet the court say they esteem it as no debt at all see Naldred v Gilham  post ware v Lant pre Charles colman v seraglio bro c c Antrobus v smith Ves ex  part Dubost Ves Cotteen v miss I mad Hooper v Goodwin swain vide Edward v  countess of Warwick post Vol two Lingen v Sowray ante cruse v barley post Vol  III in countess of Holderness v marquis of carmarthen a perpetual annuity of  pound issue out of the revenue of the post office but redeemable upon payment  of pound out of the exchequer when the state of affair will permit which sum  when pay be to be lie out in the purchase of land to be settle in manner there  mention be not consider as money to be lie out in land but mere as a perpetual  annuity inasmuch as there be no certainty of the redemption bro c c peer  William de term S michaelis b r