case HITCHENS with versus Hamm Lord keeper December pre Ch S c devise of land  to executor till debt pay remainder to his son in tail the son marry and die  before the debt pay the estate of the executor be only a chattel interest and  will not hinder the son wife of dower but the wife dower can commence in  possession nor damage be recover for detain it but from the time of the debt  be pay Samuel Hitchens in devise that if his stock and credit abroad shall not  be sufficient for payment of his debt and legacy that his executor shall pay  the same out of the rend and profit of his real estate and when debt and  legacy be pay devise his real estate to his son Giles Hitchens in tail with  remainder over and short afterward die the executor enter on the real estate  Giles Hitchens the son marry the plaintiff silvestra and die in before the  debt be pay and before he have any possession in the plaintiff silvestra  recover her dower in the mayor court and two hundred and twentyseven pound for  damage and have her dower set out by meet and bind by the sheriff but have not  recover the actual possession a old satisfy mortgage to sir John Tippetts  stand Vernon chancery case in her way on the mortgage to sir I Tippetts then  remain due r l therefore she bring her bill against the executor allege the  debt and legacy be long since pay and against the remainderman and also  against the defendant Sarah kitchen the testator widow to set aside her  pretence of dower allege the testator have make some other provision for her  which be intend in lieu and recompense of dower though not so express in the  will yet be imply because he have devise all the rest of his estate to other  purpose and as to that matter it be insist by the plaintiff counsel that in  the case of Laurence and Laurence ant can it be decree by the late Lord  chancellor summer that where the testator have devise part of his real estate  to his widow for life and other part to her during her widowhood and devise  the rest of his estate to other purpose that what be so devise to his widow  shall be deem and take to be in lieu and satisfaction of dower and set aside  her recovery in dower and a crossbill be bring by the devisee of the land and  executor Vernon chancery case er p to set aside Silvestras recovery of two  hundred and twentyseven pound for damage for detain her dower and upon the  first hear it be refer to a master to take a account of the personal estate  and rend and profit of the real estate receive by the executor and how much  the debt and legacy amount to the master have make his report therein and  thereby certify that sufficient be raise for payment of all the debt and  legacy in the year and that the recovery in dower be not until that June and  the master be order to state a case as to Sarah Hitchenss title to dower Reg  lib a fol per cur it must be admit that the estate in the executor be but a  chattel interest so be Cordals case cro Elizabeth Matthew Mannins case Rep a  et vide Bates v Bates Lord raym and as such can not hinder dower they be only  to receive the rend and profit until debt and legacy pay and that interest  determine at law when the trust be satisfy and therefore her recovery in  Vernon chancery case dower be just but as to the damage that be carry too far  back she have recover the value from the death of her husband whereas she  ought to have have damage but from the time of debt pay and trust perform like  the to be remiss execution during a term on a judgement in dower at law  Hamilton v Mohun p wms as for the testator widow she not have recover her  dower that be to be lie out of the case and the plaintiff dower be not  therefore to be look upon as do de dote and decree the mortgage make to sir  John Tippetts for one thousand year and since assign to the defendant to be  set aside and the plaintiff to be let into her dower but set aside the verdict  as to the two hundred and twentyseven pound damage and she to have only a  account of the three of the profit from the time the debt be pay and trust  perform p the case state as to Sarah Hitchenss title to dower appear to be  that the say Samuel Hitchens be seize in fee of the premise in question and  also of other house in Robinhood court aldermary London and be possess of  other house for term for year and do devise the same to Sarah Hitchens in  these word videlicet I give and bequeathe to my say wife Sarah Hitchens all  those my freehold message with the appurtenance situate in Robinhood court in  aldermary London and the rend issue and profit thereof from and after my  decease for and during the term of her natural life without impeachment of  waste also I give to my say wife my two house in old Jewry London which I hold  by lease from the company of clothworker for and during the rest and residue  of the term of year I have in the say lease which at the time of my decease  shall be to come if she shall so long live but the master do not find that any  deed or conveyance be make by the say Samuel Hitchens in lieu or bar of her  dower but it appear that on the that Jan the defendant Sarah Hitchens have  bring her writ of dower but have not since further proceed therein the decree  be as follow this court do order and decree that the say plaintiff silvestra  Hitchens be forthwith let into possession of the house set out by the sheriff  of London for her dower exonerate from the say sir John Tippetts mortgage and  that the say defendant the trustee do out of the money in their hand pay off  and discharge the say mortgage and a perpetual injunction be hereby award to  stay any action at law that may be bring against the say plaintiff silvestra  Hitchens on account of the say mortgage and the say defendant the trustee be  to come to a account before the say master for the rend and profit of the  house so set out for dower which have be receive by they or any other person  for their use from the time the same be so set out and as to the pound recover  for the arrear of the say Silvestras dower at the time of the assignment it be  further order that the say master do examine and certify what incur due for  the arrear of the dower of the say plaintiff silvestra after the debt of the  say Samuel Hitchens be pay and what the say master shall find and certify to  be due for the say arrear and also what shall appear to be in the defendant  the trustee hand for the rend and profit of the say premise on the account  before direct the say trustee be hereby order and decree to pay the same to  the say plaintiff silvestra Hitchens out of the say testator Samuel Hitchenss  estate in their hand together with the say silvestra Hitchenss cost in these  suit in this court to be tax but no cost at law Reg lib a fol vide Laurence v  Laurence ante p Vernon chancery case er p