case EARLOM against sander in chancery that Nov distinguish atwell v atwell l  r Eq see Evans v ball lt distinguish in S c on appeal lt W p by will devise  land to his wife for life remainder over with remainder to W and p in fee he  leaves pound to be lie out in the purchase of land or on any other security as  his trustee shall think fit and convenient to be settle as his land devise the  intermediate limitation be at a end and W be dead the estate come to p who be  a infant and be upward of twenty make a will and give all his estate to the  plaintiff and afterward die two day before he be at the age of twentyone the  pound not be lie out hold it do not pass by the will as money the trustee have  no election to consider it as money or land the infant can not true  construction to be lie out in land and on security till a purchase can be find  lib Reg a foe a nom Earlom v Powell William Powell by will of saint October  devise his land in Cheame or elsewhere in Surrey to trustee and their heir to  the use of his wife Elizabeth for life remainder to his first c son in tail  male remainder to his daughter in tail remainder to Widdrington Powell and  William Powell in fee as tenant in common and direct pound shall be raise by  his executrix out of his personal estate with all convenient speed after his  decease and pay by her to his trustee or one of they who shall lie out the  same in a purchase of land or any other security or security as they shall  think proper and convenient and direct the land so to be purchase and the  security or security on which the pound shall be so lie out shall be make to  and settle on the trustee their heir and assign in trust and to the use of his  wife for life and after to such use and under such provision condition and  limitation as his land before devise be limit there be no issue of the  testator after his death Widdrington Powell die and after he the testator  widow die William Powell also die afterward two day under the age of twentyone  year have by will give all his estate in general word to plaintiff question  whether the pound be to be consider as money not have be lie out in land by  the trustee who it be contend have a election to lie it out in purchase of  land or on security and by not have invest it in land have ambler determine  that election and therefore it be well devise by the will of William as money  Lord Hardwicke chancellor after hear only one counsel for defendant give his  opinion in which he say he have no doubt William Powell who become entitle to  remainder in fee have a proper election to consider it as money or land and  have he be at age may have do some act to determine it either way but as he  die under twentyone he can not do such act nor make his election this court  never admit trustee to have such election to change the right unless it be  express give they here the money be to be lie out in land or security for such  use as the land be before settle if it be lie out in security which be  personal all the limitation may not take place for if there be a son bear he  will take the whole money as be tenant in tail and the subse ambler er p quent  limitation will be defeat the only way to make the clause consistent be that  the money be lie out on security till land be purchase and the interest and  dividend in the mean time to go to such person as will be entitle to the land  attorneygeneral v milner atk Pulteney v Lord Darlington bro p c Edward tom  Johnson v Arnold Ves see Bradish v gee ante see Thornton v Hawley Ves doughty  v bale p W Lechmere v Carlisle p W can tempt Talb car v ellison bro c c cowl v  Hartstonge I dow Seeley v Jago p W Benson v Benson p W see Geo c shall be make  take and purchase by the say trustee their heir and assign in trust to the use  of his wife for life c l r Elizabeth the wife who be also the executrix of  William Powell the testator raise the sum of pound out of the personal estate  and pay the money to the trustee who invest the same in the purchase of south  sea annuity in their name and pay the dividend to the wife up to her death the  decree declare that the say south sea annuity purchase with the say legacy of  pound ought to be consider as real estate and go accord and direct the trustee  to pay the plaintiff the executrix of William Powell the dividend which accrue  after the death of the wife during the life of the say William Powell the  plaintiff to pay the trustee their cost l r