case bland against bland February a devise of land for ever convey a estate in  fee and be not affect by subsequent word request the devisee in case of  failure of issue of his say body to give the estate to another dame Bland  devise her estate to her son sir I Bland his heir executor administrator and  assign for ever and do thereby earnest request her say soil that in case of  failure of issue of his say body he will give the estate or so much thereof as  he will stand seize of at his death by his will or otherwise to the testator  daughter after her death sir John Bland make his will and give this estate to  another person contrary to the request modern report one of the point insist  upon in the cause be that the devise in the will of lady Bland be a devise in  fee and no way restrain by the subsequent request to dispose of it in such and  such a manner Hardwicke Lord chancellor this case come before the court on two  bill S bring for several purpose the end of the original bill be to have the  direction of the court touch the rend and profit of sir I bland estate and to  have his will carry into execution the crossbill be for raise two portion of  two thousand modern report er p pound and one thousand pound this will be not  easy to explain the first question arise on the manor of Widdington in  Lancashire which be the real estate of lady Bland and subject to her devise  with a charge of portion and the question be whether he have a absolute power  to devise and at law there be no question of this for the estate be to he and  his heir and therefore vest in he in fee but the point contend for be what  estate he have in equity whether in fee in tail or for life and the doubt  arise upon the earnest request to settle the estate it be urge on the side of  the defendant that this request be a direction to settle the estate as be  therein mention and be imperative the same as if she have devise in such  manner and therefore in equity be be no more than a trustee to limit this  estate to the use therein mention and for that purpose it be insist that any  desire in a will be equal to a devise because a will be no more than a  declaration of the testator what he will have do after his death and if this  be sufficient declare it must take place but a person in his will must velle  not only to strive for et to ask and whether such expression be declaration of  the testator absolute will and pleasure or only a request to be grant or  refuse depend upon the circumstance of the case there be many case where  expression of this kind be consider as direction in mason v Emery the word be  I desire he at his death to give in Massey v Sherman hope and not doubt and be  well satisfy and put a trust and confidence in her that she will dispose there  can be no question but that this be a direction how to act the word trust and  confidence show that nothing be leave to her but the choice whether she will  give it among all or to some only the question here therefore be whether the  word of the testatrix be imperative and it be plain they be not so there be no  request to settle the whole land or alley particular part but a power be leave  in he to dispose of sell or give away the whole estate in his life and only so  much as he shall stand seize of at his death she request he shall settle that  be as much as if she have say I leave it to you to dispose of as you think fit  but I shall be glad you will give as much as you can spare so and so modern  report sir John may have sell this or settle it for the advancement of a son  or daughter it be object the circumstance of the estate occasion these word  the estate be subject to her and her husband debt therefore he must have a  power to sell and it be as much as if she have say he shall settle so much as  remain unsold after all the debt pay but no such construction can be make for  what she say be at the time of his death and this have no connection with  payment of debt and legacy and this be very near the case of the  attorneygeneral v hall which be beard with the assistance of sir Joseph Jekyll  and Lord chief baron Reynolds Thomas hall by will give all the rest and  residue of his personal estate to his own son Francis and the heir of his body  but in case his son shall depart this life leave no heir of his body live then  I give so much as he shall be possess of at the time of his death to the  corporation of goldsmith upon trust for several charity bill be bring by the  attorneygeneral to have this estate apply in charity upon the contingency  which have happen but it be hold that this contingency do not take place and  sir Joseph Jekyll and the Lord chief baron find their opinion on the word so  much thereof as he shall be possess of at the time of his death otherwise the  contingency will not have be too remote because confine to the time of his  death but here be a power or property leave in he to dispose and the testator  have give nothing over but what he shall be possess of at the time of his  death this show be intend his son shall have the clear property of it and  therefore the devise over be void it be object that this be a power give to he  to dispose during his life and though he hold this estate for life or in tail  only there may be such a power give he for a particular purpose but this will  not answer the will for she have give he a feesimple and no power be give but  what flow from his estate she take it for grant from his have the fee that be  can sell and dispose of it as he please and therefore she request and by the  whole pen this request be subject to his direction I do not lie it down that  in a will a request may not amount to a legacy but it shall be limit to some  certain thing or for some certain part of a thing and not leave absolute to  the pleasure of the person to who the request be make modern report er p