atkins case reeve and other versus the attorney general November c cite Ves f  seize in fee of the estate in question devise it to his wife for life and  after her death to one hacon to sell and in the first place to pay debt and  legacy and the residue to the plaintiff hacon who have a bare power be dead  and for want of heir to f the estate be escheat to the crown the bill be bring  against the attorney general on behalf of the crown to have the will establish  and estate sell the court of exchequer may do this as it be a court of revenue  but it can be decree here and therefore Lord chancellor dismiss the bill  Fulham be seize in fee of the estate in question by his will devise it to his  wife for life and after her death to one hacon to sell and out of the profit  arise from the sale of the estate in the first place to pay some legacy and  after debt and legacy pay to dispose of the residue to the plaintiff Mr hacon  who have a bare power and not couple with any interest be dead and for want of  heir to Fulham the estate be escheat to the crown the bill be bring by the  residuary legatee under the will against the attorney general who be make  defendant on behalf of the crown to have the will establish and prove and  likewise to have the estate sell but here the devise be after the death of the  testator wife to be sell by hacon who have only a bare power and no interest  in the estate and as he be dead it die with he and do not survive to any  person the question be whether a estate escheat to the crown can be affect  with atkins er p a trust for this purpose see hard Rep where there be several  case to this point I remember a case in the court of exchequer when I be  attorney general in which Mr Lutwich the counsel be the plaintiff his father  have a mortgage in fee on sir William Perkins estate who be attaint for high  treason on account of the assassination plot Mr Lutwich bring his bill to  foreclose and make the attorney general a party the court will not decree a  foreclosure against the crown but direct that the mortgagee shall hold and  enjoy the mortgage premise till the crown think proper to redeem the estate  vide paulet and the attorney general hard see attorney general v duplessis Ves  burgess v wheat black Rep Middleton v spicer bro Charles Rep now I can decree  the plaintiff here to hold and enjoy because they be only to have certain sum  out of the estate after atkins debt and legacy be satisfy suppose the land  have be seize and put in charge can I make a decree that it shall be sell No I  can but the court of exchequer may as it be a court of revenue the bill must  be dismiss