Barnardiston avery and osborne February in Dudley Avery make his will and  thereby direct that certain land of his shall be sell for the payment of his  debt funeral c and after payment of the same he give the surplus of his estate  both real and personal among the child which he shall have at the time of his  death he make Margaret his wife and William Osborne her father executor of  this will in the testator die leave one son name James and one daughter who  afterward die unmarried James be at that time a infant of very tender year and  Margaret and William take possession of the real and personal estate in which  be soon after the time that James come of age he join with Margaret in the  sale of part of the real estate and after apply some part of the money to  certain particular purpose it be agree that pound the remainder of the money  shall be dispose of in the manner follow namely pound part thereof for the  benefit of Margaret for life and after her decease for the benefit of James  and as to the remain pound that it shall be for the benefit of James absolute  soon after this George Osborne the brother of Margaret make a purchase of  certain land and take the conveyance in the name of Margaret and Norton in  Margaret and Norton execute a deed whereby they declare that the trust of this  estate be for the benefit of George and by the same deed George declare that  pound part of the Considerationmoney of that purchase be the proper money of  Margaret and charge the estate by way of mortgage for the payment of that  money to her in Margaret be in a ill state of health and desire George to draw  out a sketch of the effect which her estate consist of in that sketch he  insert one item of about pound that be due from he to her Barnardiston and  take no notice of his owe her any other money this sketch of her estate  Margaret sign and the same year she die some time before her death she make  her will and thereby she devise to Norton and sale her real estate in trust  that the same shall be sell and that the money arise therefrom shall be invest  in security for the benefit of James for life the remainder for the benefit of  his child and if he shall have no child that then the same shall go for the  benefit of her own relation in such manner as she thereby particular mention  of this will Norton sale and George be make executor sale die in the lifetime  of Margaret and George be the principal person that intermeddle in the  management of her estate after the death of Dudley and Margaret James receive  of George several sum of money at different time and at last enter into a  agreement with George whereby he consent to accept of pound in satisfaction of  whatever he may be entitle to either from the estate of Dudley or of Margaret  the present bill be bring by James against George and other pray among  Barnardiston er p other thing a account of the personal estate of Dudley and  of Margaret and to have the benefit of such security as he be entitle to to  this bill George put in his answer and thereby first insist upon the agreement  which have be last mention but in another answer he waive it he likewise put  in a four answer and thereby and not before acknowledge the pound secure upon  his estate for the benefit of Margaret and say that he desire that his former  answer may be understand in this sense that in they he only set forth a  account of such part of her estate as have come to his hand since the time of  her death Barnardiston Lord chancellor say that the principal question in the  present case be whether the pound for which the mortgage be make a security by  George be to be consider as part of the personal estate of Dudley or whether  it be to be consider as part of the personal estate of Margaret if it be to be  consider as part of the personal estate of Dudley the plaintiff will be  entitle to have a decree for a foreclosure against George upon the present  bill and his lordship say he be extreme well satisfy that this sum of money be  to be consider as part of the personal estate of Dudley this sum of money  appear to have arise from the sale of his estate the sale be make in and by  the deed which be execute for that purpose it appear that pound part of the  purchase money be to be apply in the manner follow namely pound for the  benefit of Margaret for life and after her decease for the benefit of James  and as to the other pound that it be to be for the benefit of James entire the  trustee in this deed be sale and Norton sale do not act in the trust and die  in afterward the other deed be make by which it appear that George have make a  purchase in the name of Margaret and Norton who be his trustee and by that  deed it be declare that pound part of the purchase money be the proper Mone of  Margaret and part of her own estate and the land which be so purchase be  charge with that sum by way of mortgage to her the sum be the same in one deed  which be mention in the other make it probable that it be the same money but  that which make it clear that this money be not part of the estate of Margaret  be that in a short time before her death a sketch of her estate be draw out by  George which she herself sign and in that sketch George only charge himself  with about pound as owe from he to her the consequence of these thing be that  a decree of foreclosure must be make against George the remain question relate  to cost and as far as the cost Barnardiston have be hitherto incur his  lordship opinion be that George must pay they he say it seem to he that there  be a improper intention in George to conceal this sum of money in the account  of the estate of Margaret which he himself draw out this sum of money be not  mention nor do he admit that there be any such sum of money till his four  answer then it be that he make this discovery and say that he desire that his  former answer may be take in this sense that he thereby only set out a account  of such part of the estate of Margaret as come to his hand since her decease  that be a force construction of the sense of his former answer and it can be  intend but that by those answer he will have have it understand that he set  forth a account of her whole estate this be one reason for make he pay the  cost that have be hitherto incur another reason be that he get the plaintiff  to come into a agreement to accept of pound together with the money that he  have pay he in satisfaction of all his interest in the estate of Dudley and  Margaret this agreement he insist on by one of his answer but by another of  they indeed he have think proper to wave it with regard to the subsequent cost  those shall be reserve and so his lordship be please to decree accord