case oldfield versus oldfield of the eighth month in court Lord chancellor Eq  can ab pl pl one by his will give pound to his young child which be secure by  mortgage from a and declare that if his old son do not pay this pound then his  land shall go to the young child a bring a bill to redeem his mortgage and to  pay in his mortgagemoney and pay it pursuant to the decree and the master put  it out upon a security that prove ill the old son shall not be compel to pay  it over again to his young brother sir John Oldfield by his will among other  thing devise as follow videlicet item I give pound to be equal divide among a  b and c my three young child which say sum be in the hand of sir John Tufton  and in his say will he add this clause videlicet and Vernon chancery case for  the more sure payment of the say sum in case his son and heir who he thereby  appoint his executor shall not pay the same accord to his will then he devise  his land to his young child for the raise and payment thereof and appoint the  same to be pay unto they at twentyone or marriage which shall first happen and  a maintenance out of his land in the mean time sir John Tufton be mind to pay  in this pound exhibit his bill against the executor and the infant who appear  by their mother as their guardian and obtain a decree for redemption of his  mortgage and a master be appoint to see the money put out on security for the  benefit of the infant the master make his report and thereby approve of  security for place out the money videlicet sir Robert viner bind for pound  alderman Backwells bind for another pound and meynell bind for the three pound  and the money be put out accord these person prove insolvent the infant by  their now bill will resort to the land and charge the estate of the heir with  this pound the counsel for the plaintiff urge that where there be two fund for  secure the payment of infant portion if one fail they may resort to the other  and put this case that if a man by his will have charge the land of his heir  for payment of portion to his young child at twentyone or marriage and the  heir in the minority of the young child shall exhibit his bill to pay in the  money and have his land discharge the court of chancery in such case will not  discharge his land nor in a ease where infant be concern change a real into a  personal security but the Lord chancellor upon the first open of the cause  take the case to be clear againt the plaintiff for that the intention of the  testator appear to be that there Vernon chancery case shall be a effectual  payment of the pound for sir John tufton security may have fail or his heir  and executor may have receive it of he and have refuse or neglect to have pay  it over to the infant and in either of those case the land shall have be  charge but they be only supplementally Chargeable in case of such a defect or  deficiency but here when there have be a real and effectual payment and the  money put out upon security which can not then be Vernon chancery case er p  object against but be approve of by the mother of the infant who by will be  make their guardian and allow of by the court there can be no reason after all  this that the heir shall be charge with these money but the practice of lie  out the money of the suitor on private security have long since fall into  disuse it be now lie out in the three per cent bank consol and or some other  government security in the name of the accountant general in the cause vide  stat Geo cap nor can it be a objection that the money be pay in before the  time appoint by the will videlicet before the infant be either marry or have  attain twentyone year of age for it be not in the power of the heir and  executor to compel sir John Tufton to keep the money in his hand when he be  mind to pay it in and say the case put by the plaintiff counsel be not like  this but admit that the land of the heir when charge for payment of portion to  infant at twentyone or marriage shall not be discharge before that time nor  that a real security for infant portion shall be change into a but the  practice of lie out the money of the suitor on private security have long  since fall into disuse it be now lie out in the three per cent bank consol and  or some other government security in the name of the accountant general in the  cause vide stat Geo cap personal one where the land be original charge but  here the land be only supplementally charge in case the pound have not be  effectual pay and the payment make in this case he adjudge to be effectual and  accord to the intent of the testator and therefore dismiss the bill but as to  the maintenance allow out of the land the decree be that the same be pay by  the defendant after the rate of pound per and each accord to the direction of  the will during the life of the plaintiff mother she have be entitle under the  former decree to the interest of the pound for her life the plaintiff discount  what they have already receive and the testator land to stand charge with the  payment of the say maintenance Reg but the practice of lie out the money of  the suitor on private security have long since fall into disuse it be now lie  out in the three per cent bank consol and or some other government security in  the name of the accountant general in the cause vide stat Geo cap lib b fol