case Nevil versus sander eoden die Lord chancellor Eq can ab pl S c land limit  to a in trust for a feme covert and that a shall receive the rend and apply  they as the feme whether sole or covert shall direct this be a trust and not a  use execute by the statute land be give by will to trustee and their heir in  trust for whether the defendant wife and her heir and assign r l and that the  trustee shall from Vernon chancery case er p time to time pay and dispose of  the rend and profit to the say whether or to such person or person as she by  any write under her hand as well during coverture as be sole shall order or  appoint the same without the intermeddle of her husband who he will shall have  no benefit or disposal thereof and as to the inheritance of the premise in  trust for such person or person and for such estate and estate as the say  whether by any write purport her will or other write under her hand shall  appoint and seal in the presence of two or more credible witness as well  during coverture as be sole shall give limit and appoint and for want of such  appointment in trust for her and her heir and assign with these alteration the  above contain the word of the devise as state in the register book the  question be whether this be a use execute by the statute that Henry VIII cap  io or a bare trust for the wife and the court hold it to be a trust only and  not a use execute by the statute Reg lib b fol in which latter case the remedy  will have be at law Popham v bampfield ante say qure if a account seek ibidem  have the devise be that whether shall take the profit that will it seem have  be a use execute accord to Henry VIII bro feoff all use b n c but the devise  be to trustee in trust to pay and dispose of the rend and profit to the say  whether will not be execute by the statute because the legal estate must  remain in the feoff in order to enable they to pay over the profit this  construction have ever since prevail and therefore it be now clear that if  there be a conveyance in trust to pay over the profit or to convey to sell c  the legal estate must in these case respective vest in the trustee vide Bac  use Symson v turner Eq can ab pl in not Silvester v Wilson term Rep bagshaw v  Spencer atk note in the case of Silvester v Wilson ub sup the court in its  judgement appear to have lie some stress on the word and to be apply for the  subsistence and maintenance of beneficiary and trust but not it be presume so  as to interfere with the general doctrine and where the trust be to permit a  to receive or to pay apply and dispose of the rend c as a shall appoint it be  now construe a trust and for that purpose though a good use at law yet  consider in this court as execute in the trustee such dict arg Pybus v smith  bro Ch Rep vide also Griffiths v smith more bush v Allen Mod Harton v Harton  term Rep at law before the statute of use every use be a trust then the  statute execute the legal estate and join it to the use and therefore a trust  execute be now a legal estate and to bring it to a trust in equity the legal  estate must want to be execute by a conveyance bagshaw v Spencer atk