case levet versus needham SC sub nom coat v Needham vern Cf case collect in  cope v Arnold de g m g one devise land to trustee and their heir in trust to  receive the rend until his son shall come to and to pay onethird thereof to  the testator wife in lieu of dower and out of the other twothirds to raise  portion for his daughter and devise all to his son William when in tail  remainder to b and c the wife die the son die before and without issue resolve  the wife interest determine by her death and her three shall not go to her  executor until her son will have attain resolve the remainder over to a b and  c be good though the son die before resolve the daughter portion be raise the  residue of the term shall go to the heir as a interest undisposed of by the  will but it will vest in the heir as a chattel and on his death go to his  executor until testator son shall have come to William clerk by will in write  devise to Sherwin and Turpin and their heir his land in Sutton upon trust that  they shall receive the rend and profit until his son William attain his age of  twentyone year and pay a three part thereof to his wife whether in lieu of  dower and out of the other twothirds raise portion for his daughter and devise  all to his son William when twentyone in tail and for want of such issue  distribute the estate in several share among his relation to wit blow farm to  his sister mary other part to his brother Peter and the tithe in Sutton to his  sister Ann Martha and Deborah Needham whether the widow marry Mr coat and die  before such time as her son William who die before her will have be twentyone  upon the former hear coat v Needham ante S c the question be whether the  executor or administrator of whether the widow shall have a three part of the  profit until such time as the son will have be twentyone or whether by her  death the devise to her cease and it be adjudge that the bequest as to her be  determine the question now be who shall have that three part of the profit  until the son will have be twentyone for that the inheritance be not dispose  of by the will until such time as the son will have be twentyone vide Phillips  v Phillips post Vernon chancery case it be insist that the heir ought to have  these profit the same not be devise away from he and the case of Counden and  clerk fawkner and fawkner trey and Thornbury be cite by Mr bow as case where  the heir shall have the benefit of any thing not dispose of and Lord Maynard  say here be a chasm hiatus a gap in the limitation of the estate no provision  or disposition be make in case of the widow death before the heir come of age  but I take it that the inheritance be nevertheless well dispose of and that  this be not such a contingent remainder as though the particular estate fail  the remainder shall be void vide Beverley v Beverley ante p chapman v Blissett  Forr in case of a devise to a monk the remainder over be good in all case it  seem that if the devise be void the remainder shall take place as if no such  devise have be make Hutton v Simpson post so where a devise a term for year to  his wife for life and after her death to the child she be then ensient with  but if such child die before then as to twothirds of the term over and as to  the remain onethird to the wife the wife happen not to be ensient the devise  of the onethird to the wife good Jones v Westcomb pre Ch and in this case the  fee be devise unto and lodge in trustee and no absolute term carve out but  only a declaration of trust and direction to they how to apply the profit  until his son come to twentyone and Lord Keck cite the case of gore and black  where a term for year be create for payment of live hundred pound when that be  raise the heir have the term on the head of result trust as to real and  personal estate vide mumma v mumma ante p and the case cite in not there  particular Ackroyd Smithson bro Ch Rep per cur as to needham pretence that  this three part of the profit shall follow the inheritance and so accrue to  the devisees accord to their respective interest in the inheritance the case  will not bear such construction because there be nothing devise to they until  after the heir attain twentyone and die without issue nor have the executor of  the testator as executor a right to this term for that it be not a term  absolute raise and take out of the inheritance but rather a direction to the  trustee who have the whole fee in they how they shall dispose of the profit  until his son attain twentyone but in case it have be a term absolute raise  out of the inheritance yet be raise for a particular purpose which be satisfy  the heir shall have the benefit of the surplus of the Vernon chancery case  term but now though the heir be favour thus to have the surplus of a term that  be carve out of the inheritance for a particular purpose yet he must have it  as a term which must go in a course Vernon chancery case er p of  administration and not in a course of descent and decree accord for the  administrator of the heir and not to his heir there appear entry in the  register book b fol saint of a order date that may that the cause do stand in  the paper of tomorrow for their lordship opinion and dly same book fol of a  order date that Oct that the cause be set down to be reheard that Nov next but  the editor have not be able to find any other entry memorandum that a new  commission pass for the custody of the great seal on and sir John Trevor and  sergeant Hutchins put in the place of sir John Maynard and sir Anthony Keck  Vernon chancery case de term S the number three in curian porter Gofton v mill  Vernon chancery case er report date case GOFTON versus mill Trevor Rawlinson  Hutchins lord commissioner die Sabbati June Eq can ab pl pl S p a by will  devise to b pound in full satisfaction of all the money which he owe b and  subject his real estate to the payment of his debt the debt which a owe b be  in all pound but be bar by the statute of limitation court will suppose the  testator mistake in his computation and the whole debt of pound shall be pay a  devise for payment of debt shall include debt the remedy whereof be bar by the  statute of limitation the duty remain though the remedy be go the Lord Sandys  by his will devise four hundred pound in full satisfaction of all the money he  owe I S and subject his real estate to the payment of his debt the debt owe I  S be eight hundred pound but the remedy be bar by the statute of limitation  the bill be for the whole eight hundred pound for the defendant it be insist  that the testator by his will have declare how far he intend to give the  plaintiff a remedy videlicet for four hundred pound and no more say per cur we  will rather suppose he mistake in his computation and there be a provision  here for payment of debt a debt upon which the statute of limitation have run  be nevertheless within the provision Vernon chancery case equal with any other  debt but debt bar by the statute be not revive by a general devise of real  estate for payment of debt Jones v Strafford p wms Legastick v Cowme mrs Burke  v Jones v b and decree the whole debt to be satisfy out of the trust and the  four hundred pound to go only in part together with interest on the debt  report due by the master which amount to pound S d be the original debt of  pound and interest from the time of confirm the say report up to the time at  which it be decree to be pay and if not pay at the time then the land of the  testator to stand charge therewith and so much thereof to be sell as will be  necessary to pay the same Reg lib a fol vide this case better report pre Ch  haw v Warner post Vernon chancery case er p