case lingen against SOUROY refer to crabtree v bramble atk thin v earl  Glengall h l c if a man by marriagearticle agree to invest a certain sum of  money in land to the use of his wife and devise land to his nephew without  have make the investment the land shall pass to the wife in pursuance of the  agreement S c Eq Abr S c pale yellow Eq Rep S c I Peer wms a man marry a wife  worth seven hundred pound and bind himself by marriagearticle to invest  fourteen hundred pound in land to such and such use videlicet to himself for  life remainder to the heir of their body beget the remainder to his right heir  the husband die the marriagearticle unperformed and by his will devise a house  value fifteen pound ayear to the wife and ninety pound ayear to his nephew  have no child then come the clause in his will and all my other land in York  or any other part of great Britain I leave to nay nephew the question be  whether the fourteen hundred pound though not actual invest in land shall  notwithstanding in equity be deem land so as to pass by modern report er p the  word land in the will save to the wife her interest for life or whether it  shall go with the personal estate the wife be executor contend that it shall  be look upon as personal estate because then she shall come in for a share in  the surplus unexhausted by debt or legacy the court do nothing in the affair  but order a reference to the master to state the matter of fact but Harcourt  Lord keeper declare it to be his present opinion that where there be such a  marriageagreement for so much money to be lie out in land that the money in  case the husband die the agreement unperformed shall in equity be esteem land  and may be devise as such subject in the first place to the use declare in the  marriagesettlement a see Lingen v Souroy pale yellow Eq Rep S c Peer wms  Edward v Warwick Peer wms Guidot v Guidot atk Pultney v Darlington brown case  Ch Rashleigh v master brown case Ch brown v de laet brown case Ch a modern  report michaelmas term the ten of queen whether in the queen bench sir Thomas  Parker Knt chief justice sir Littleton powys Knt sir Robert Eyre Knt sir  Thomas powys Knt justice sir Edward Northey Knt attorneygeneral sir Robert  Raymond Knt solicitor general