case carrack versus errington Lord chancellor king Mod mos Eq can ab pl pl c  the statute of the W cap which disable a papist from purchase land disable he  from take by purchase and consequent from take by devise Edward errington  seize in fee of land in Northumberland by lease and release in settle the same  to the use of himself for life remainder to his first c son entail male  successive remainder to Thomas errington a papist for life remainder to  trustee and their heir during the life of Thomas errington the papist to  preserve contingent remainder remainder to his first c son in tail male  successive remainder to William errington a protestant for life remainder to  trustee and their heir during the life of William errington to preserve c  remainder to his first c son in toil male successive remainder to his own  right heir Edward errington die without issue leave sister who be his heir at  law and protestant and one of the question be what shall become of this estate  and who shall take the profit thereof during the life of Thomas errington the  peer William papist whether the heir at law of Edward the grantor or the  remainderman and first it be rule by Lord chancellor and give up by the  counsel on all side that since the great case of roper and Radcliffe Mod Mod  and bro p c bro p g and ed which be resolve in the house of lord the latter  clause of the statute of two W cap for prevent the growth of popery and which  disable a papist from take any land or trust or interest in or out of land by  purchase must not only be understand to prevent a papist from buy land but  also to disable he from take any land by purchase and therefore in the  aforesaid case where the devise be of land to be sell for the payment of debt  and the surplus to the papist forasmuch as the papist will be entitle to the  surplus of the estate pay the debt this be construe a void devise as to the  papist dly that if the case be no more than that land be limit by lease and  release to the use of a a protestant for life remainder to b a papist for life  remainder to c protestant and a die in such case the remainder to b the papist  be void the next remainder to c shall take effect present in the same manner  as if a remainder be limit to a monk for life or to one who refuse to take or  if such remainderman be dead and there have never be such limitation vide  Thornby v Fleetwood I stram in the next place the court declare that the say  statute extend to trust as well as legal estate peer William the remainder  limit to trustee to preserve contingent remainder as to such part and so much  as be declare to be in trust to let Thomas errington the papist take the rend  and profit during his life be a void trust but that the trust to preserve  contingent remainder to the first c son of Thomas errington the papist be good  dly in the principal case it be hold that in regard if the estate shall go to  the subsequent remainderman William errington the protestant it can not  afterward go back to any son of Thomas errington the papist who may be  protestant and this be a hardship and wrong to a three person therefore the  rend and profit of this estate during the life of Thomas errington the papist  ought to go back to the sister and heir at law of Edward errington the grantor  and that these sister and heir at law of Edward errington be protestant shall  have the rend of the premise from the death of Edward errington the grantor  notwithstanding it be strong object that the conveyance be by way of lease and  r lease the whole estate pass out of the grantor and can not return to he  again but must go to the next in remainder capable of take and further that  since this be a trust in the trustee during the life of Thomas errington the  papist and a trust be a creature of equity the court which have the power and  direction thereof ought to let William errington the next remainderman into  the possession of the premise and that in case Thomas errington the papist  shall leave protestant son then the court will order the trust for the benefit  of such son and secure the profit to he peer William er p peer William but  Lord chancellor say this will be make use of a extraordinary power of direct  and displace estate which he will not take upon himself to do and that the  intent and meaning of the statute be in a more plain and easy manner comply  with by construe the estate and trust to be void as to the papist only but not  to let the next protestant remainderman into possession before his time so as  to prejudice or endanger a three person the son or son of Thomas errington the  papist c wherefore let the heir at law of the grantor take the estate for so  long a time only as the same be undisposed of by the grantor thly it be hold  that as to the former clause of this statute which disable papist from take by  descent unless they conform within six month after eighteen if they the papist  be above six month after eighteen before the make the statute so as it be  impossible to comply with the statute then such person be not within the  clause nor shall suffer by it vide hill v Filkin ante p this decree be  afterward affirm on a a peal in the house of lord bro p c bro p c and ed  Hopkins v Hopkins can tempt Tal and another branch of the same case atk so  Tregonwell v Sydenham dow see also Jackson v hurlock Amb Eden Gravenor v halum  Amb Gibbs v Rumsey v b Jones v Mitchell S S