case HOLEWORTH versus lane at the chancellor house Lord chancellor the word  petition be to be understand of any summary way in opposition to the proceed  by bill act of parliament take notice of imply trust the heir of the vendee be  a trustee by the Ann for the person who pay the purchase money on a motion  make for the executor of the mortgagee it be refer to a master to see whether  the heir of the mortgagee be a trustee within the act a ch the master report  he to be a trustee within that act upon which report a order be make that the  heir shall assign over the mortgage to such person as the executor shall  appoint and now a motion be make for the defendant to set aside the report  because the heir be not a trustee for the executor by the meaning of the act  and because the reference be make on a motion whereas the statute require it  shall be by petition Mr solicitor general for the executor the constant  practice be to pray a reference by motion as well as by petition petition  original signify a bill but a motion be a petition and the word be to be  understand of any summary way in distinction to the proceed by bill and answer  but they say this case be not within the statute because the heir of the  mortgagee be a trustee for his executor only by implication of law but the  imply trust be take notice of by act of parliament as by the statute of fraud  and perjury and it be adjudge by your lordship in the case of bertie versus  Vernon that the heir of the vendee be a trustee within this act for the person  who pay the purchase money the heir of the mortgagee be a trustee both for the  executor of the mortgagee and for the mortgagor and be double within the  statute as mortgagee and trustee too and he be bind to convey either at the  petition of the mortgagor or of the beneficiary and trust Lord chancellor a  motion be a petition not reduce into write and present and I do not know that  the statute require those circumstance and the general practice be to pray a  reference by motion and if the order be not accord to the statute it be void  and without authority mosely report there can be no doubt but a mortgage in  fee descend on the heir of the mortgagee but it be as certain that the money  belong to the executor so that the heir be only mosely report er p his trustee  and this be the very inconvenience the statute be make to remedy that the  mortgagor may be Willing to pay the money or the executor may want it and that  in either case they shall not be oblige as former to wait the full age of the  heir Thursday July the that