case coat versus needham all eoden die Lord chancellor a devise land in trust  to pay onethird of the rend to his wife in satisfaction of dower until his son  then two year old attain the wife receive a three of the rend from the trustee  and die and afterward the son die during his infancy the administrator of the  wife shall have her three of the rend till such time as the son may have  attain I S be seize in fee devise all his land in Sutton to trustee and their  heir in trust that they shall apply the profit thereof until his son who be  then but two year old shall attain twentyone in manner therein after direct  videlicet as to onethird part thereof to his wife in lieu and satisfaction of  dower the other twothirds for payment of his debt and afterward to and for  other use intent and purpose in his will mention the trustee from time to time  receive the profit and pay the widow her three but the proof be various  whether she take it as for her dower or as devise unto her by the will the  widow die and then the son die the plaintiff who have marry the widow and be  her administrator prefer this bill to have the benefit of this devise of a  three of the profit until the son may have attain twentyone year the defendant  insist the widow have never declare her acceptance of the devise nor do any  thing that will bar her of her dower but on the contrary often declare she  will bring her writ of dower so that in case she have live long than such time  as the son will have attain twentyone Vernons chancery case she may have waive  the devise and insist on her dower per cur there be no doubt but it be a good  devise of the profit until such time as the son may have attain his age of  twentyone year accord to the resolution in Borastons case vide Martin v  Woodgate pre Ch and her acceptance of the money from the trustee be a  sufficient declaration of her agreement to the will for it can be say she take  it as dower for dower must be of the land itself into which it be not pretend  she ever enter but accept of a three of the rend and profit from the trustee  and therefore decree the plaintiff shall have a three Vernon chancery case er  p part of the profit until such time as the son will have attain his age of  twentyone year the decree take notice that the widow of the testator have  receive the three part of the rend of certain land call Christhorpe which be  not subject to the devise but that that make no difference and so decree as in  the print report and also a account among other thing of the arrear due to the  plaintiff under the say trust Reg lib a fol vide Levett v Needham post S c so  devise of land to a wife who be entitle to dower no bar unless express say to  be in satisfaction of dower Hitchin v Hitchin pre Ch Thompson v Nelson Cox nor  where a bind from the husband in trust to secure to the wife in case she  survive be parole evidence admit to show that it be in lieu of dower and that  the wife acknowledge it to be so Finney v Finney atk so where settlement  before marriage of a feme fortune on herself and a covenant on the part of the  husband to pay a sum of money to trustee in trust for his wife if she survive  she shall have her dower couch v Stratton Ves nor will a provision if  precarious bar though express to be in bar of dower and three smith v smith  Ves this be the case of a infant as to their right see Drury v Drury and  Buckinghamshire v Drury Eden and note so in case of election the widow shall  not be put to elect but by express declaration or necessary inference arise  from the inconsistency of her claim with the disposition of the will French v  Davies Ves jun where the judgement of the master of the roll go very much into  the consideration of the case strahan v Sutton Ves Greatorex v caryi Ves et  vide Galton v Hancock atk and case cite by Mr sander in note there air v  Willis ves Broughton v errington e bro p c foster v cook bro Ch Rep and see  Arnold v Kempstead Eden and case in note there Chalmers v Storil v and b Miall  v brain mad butcher v Kemp mad Dickson v Robinson James Robert v smith S and S