chancery report earl OF pembroke con bowden all creditor of the late earl of p  the Q if money agree to be lie out in a purchase be asset the late earl of  Pembroke seize in fee of land demise they for year at a peppercorn rend and  take back a lease with a proviso to be void if he pay not such a annual sum to  I S and pound to I d or to that effect and the creditor of the say earl  contend to make the surplusage of this term it be worth more than the pound  and the annuity Payable out of it asset to pay his debt and the earl as heir  pretend that it ought to go to he and that it be but as if the decease earl  have mortgage it and the same have be forfeit for then the court agree that  the heir pay the money shall have have it and it be urge for he that the  intent of this conveyance be the same as a mortgage though it be so contrive  by counsel that there be indeed a term in the testator and the Lord chancellor  cite a case between Whitticke and in my Lord hale his time in b r where I S  beforehand in consideration of his marriage with I d enter into article of  agree mean under hand and seal to lodge pound in the hand chancery report of I  n to be lie out upon land for the life of the wife for her jointure with other  remainder which say pound be so lodge in his hand and before any land buy I S  die and a creditor of I S sue his wife who have take out Administration to he  and upon a special verdict find as aforesaid the pound be adjudge not to be  asset in law and my Lord say that in Honywoods case here in chancery he have  decree either the same or the like point and then bring the record of that  case into the court for the intent be that the pound shall be vest in land it  be to be no long look upon to be the personal estate of I S and therefore he  seem to doubt here whether this term be so much as asset in law for that it be  the plain intent that the inheritance shall not be charge for any intent but  to secure such money and it may have be do by way of mortgage so that then the  creditor can have have no pretence to charge it with debt and it will be very  bare and may prove of dangerous consequence upon this way of Settlements by  demise and Redemise to make any other construction and which be sure never  think of in the contrivance of the counsel at his advice such a manner of  conveyance chancery report but the court advice be assist by Lutwich and  Powell till next term notam it seem to I that in the case of marriagemoney by  force of the agreement and lodging the money in a three person be hand  videlicet I n s the property of the pound be in I n not in I S upon such trust  as agree and so can not the asset in law nor yet in equity because it be for  special trust to be direct by the express agreement it be also say and agree  in the debate of the principal case that where a man purchase a estate upon  which there be mortgage for year and be take the term to himself and the  inheritance to other in trust for himself and die indebt the term shall be  asset albeit that it be express declare that the term shall wait upon the  inheritance for this court will not take away that which be asset in chancery  report er p law though it will many time enlarge and make that asset in equity  which be not asset in law in favour of creditor but where the inheritance be  in the purchaser and the term purchase in trustee name to attend on the  inheritance those term pur shall never be make asset in equity quaere whether  in the first case where the term be in the purchaser c whether the land shall  go to the heir or chancery report executor there be no debt and it seem to I  the heir shall have it be to attend on the inheritance but equity will favour  creditor more than executor and if a copyhold of inheritance not surrender to  the use of his will be devise to be sell for payment of his debt the creditor  shall enforce the heir in chancery to sell it and as I understand Mr serj  Philips say it have be adjudge so and so it be in the case of charitable use  notam it be also say and agree that where a man article for the sale of land  under hand and seal and without any far execution thereof they by mutual  consent go off of the bargain by release each other or cancel the article c  and then the bargainor die indebt this shall not be asset so if part of the  money be pay and the bargainor repay it and they agree to go off as aforesaid  and then the bargainor die but if the bargainor die part of the money have be  pay he and no conveyance make to the bargainee as the bargainee have a remedy  in equity to compel the heir of the bargainor to make the conveyance upon pay  the residue of the money so the creditor can force the heir to convey and the  bargainee to pay the money as the testator personal chancery report estate and  it shall be asset to they in law and in equity when pay but quaere whether  when there be no debt and part of the money pay as aforesaid the executor  shall force the heir to sell and shall have the money or whether he and the  bargainee may not agree to go off the bargain for though the ancestor have  both his executor as well as heir in he may undo the bargain though execute in  part which may perhaps as it be amount to a Repurchasing of it yet there be a  distinct interest betwixt the heir and executor after the testator decease so  that the testator have do a Act whereby he intend to deprive the heir and make  it a personal estate the heir can it prevent it after but note also in this  principal case the earl have agree to sell land for pound by article seal c  and a mortgage be give up to the earl by the bargainee for pound in part of  payment the court seem pretty clear that the other pound shall be asset albeit  that the bargainee do offer in his answer to take the say pound and release  the bargain if the court please or to that effect