case Thruxton versus attorneygeneral see barrow v Wadkin Bea v novembris in  court Lord chancellor one seize in fee of land limit a term to trustee for a  hundred year upon such trust as he by deed or will shall appoint and for want  of such appointment to attend the inheritance and afterward by a nuncupative  will give all all to I S and be a bastard die without issue this will not pass  the trust of the term a man seize of land in fee by settlement limit a term  for a hundred year to trustee in trust for such use intent and purpose as he  by deed or will in write shall declare direct limit or appoint and for want of  such will or deed to attend the inheritance this man be a bastard die without  heir have first make a nuncupative will and thereby devise as follow videlicet  I give all all to I S who have now administration with the will annex and the  question be whether this term shall escheat with the inheritance it be insist  by the counsel for the plaintiff first that this be not a prerogative case and  there be no difference in the case of a escheat whether the land be to come to  the king or to the mesne lord ndly a term limit to attend the inheritance do  not at commonlaw attend the inheritance for there in the eye of the law it be  a term for year and must go in a course of administration if equity do not  interpose and where the case do not carry a equity along with it the chancery  ought not to interpose but let the law take place and a escheat which be  proper only where there be no other person to take be not to be favour in  equity especial where it turn to the wrong of a three person and even in  equity a term limit to attend the inheritance shall in many case be sever from  it as if a man die indebt a term limit to attend the inheritance shall be  asset and make liable to his debt Vernon chancery case dly where a man come in  paramount he who limit a term to attend the inheritance as the Lord by escheat  do he come in Le post and shall have no benefit of the term and for that  reason it be rule in the case of pheasant and pheasant I Ch Rep vent S c that  a widow who claim dower come in paramount shall have no benefit of the term  that be limit to attend the inheritance thly that this nuncupative will be  long before the statute of fraud and perjury and then a man may dispose of a  trust by parole and that the word all in this nuncupative will will certain  carry the term and therefore it be insist that it be well appoint to the  administrator with the will annex Lord chancellor I do not take it that what  Mr sergeant Pemberton lie down as a establish rule be so for if a man seize in  fee raise a term and lodge it in trustee to attend the inheritance and  afterward die indebt I never hear that that term shall be make asset but have  hear it often deny Ratcliff v grave Ch can et vide tiffin v tiffin ante p d  and case cite in note there but Vernon chancery case er p indeed waste the  inheritance be in trustee and a man have a term in his own name which be limit  to attend the inheritance and die indebt the term in that case shall  inestimable to his debt for it be asset at law but as to the principal case I  take the question to be no more than whether a term attendant on the  inheritance may escheat or not for if it will in any case it must escheat here  I agree that general speak a man before the statute of fraud and perjury may  dispose of a trust by parole and I also agree that the word all all will be  sufficient to pass a lease for year the word all my estate will carry the fee  countess of bridgewater case Mod and where mortgage of the term to one who  have no notice of its attend the inheritance term shall be hold against the  king how v nchol pre Ch but the word estate as give a fee may be qualify by  afterwords so as to make only a estate for life do on they of small all v  Allen term Rep et vide full on this head Woollan v Kenworthy Ves see further  as to the operation of the word estate in a devise Barry v Edgeworth p W price  v Gibson Eden and case collect in the note there but in this case the term be  settle by deed express upon these trust videlicet for such use intent and  purpose as he by deed or his last will in write shall appoint and in default  of such appointment then to attend the inheritance this restrain and tie up  his hand from make any parole disposition Vernon chancery case and I take his  intent by the word all all to be all that he can dispose of by parole and so  the king in this case be not in bare in the post but in the per also for the  term for year go with the inheritance by the the word all my estate will carry  the fee countess of bridgewater case Mod and where mortgage of the term to one  who have no notice of its attend the inheritance term shall be hold against  the king how v nchol pre Ch but the word estate as give a fee may be qualify  by afterwords so as to make only a estate for life do on they of small all v  Allen term Rep et vide full on this head Woollan v Kenworthy Ves see further  as to the operation of the word estate in a devise Barry v Edgeworth p W price  v Gibson Eden and case collect in the note there express limitation of the  party bill dismiss Reg lib b fol say qure whether where the Lord have the  principal thing in the post he can have the accessary in the per and the  inheritance be the principal thing and the term be only the accessary