c for though the objection be that there can be no remainder of that whereof  there be no reversion yet the intent of the party give the rend de to make new  first a be for the whole and then the lesser estate be carve out of it by holt  c I will Rep in a note by the editor and cite salk week and peach afterward it  be disclose to the court that the legal estate of the rend in fee be in  trustee in trust for b in tail and that on his die the trust of this  estatetail descend to his only son c in tail plaintiff husband who inter all  bring her bill for her dower of this rend and then the point be whether the  wife of a beneficiary and trust in tail shall be endow and after much debate  and consideration Lord Chan Talbot be of opinion against the plaintiff say  that the case of a trust term set up in opposition to dower be nothing like  the present for there the judgement be that the plaintiff in dower shall  recover but that to be remiss execution during the term and if the trust of  such term be satisfy equity case abridge and at a end the term ought not to  subsist in equity to stop a favourite right at law as dower be whereas in the  case of a trust there be no judgement at law that the wife shall recover her  dower for the husband have no legal estate nor consequent any thing of which  the wife be dowable and in the case of a purchaser nay even with notice the  court will not relieve a dowress against a trust term that stand in her way a  hill chaplin and chaplin will Rep to vide can above and the note there a Abr  of case in Eq Vol Prec in Chan case in parliament his lordship as to the case  of Sweetapple and bindon vern and Vol Abr Eq can say that it may be right to  allow a husband to be tenant by the courtesy of money to be lie out in land  since money agree to be lie out in land be as land in equity where every thing  direct by a will or agree by article to be do be look upon as do a ibidem a  this will serve to warrant the resolution of his honour in the case of bank  and Sutton wms Rep and p can for however that learned argument may be consider  as tend to prove in general that a woman ought to be endow of a trust yet in  that particular case the legal estate be by the will of the donor direct to be  convey to the beneficiary and trust at his age of twentyone and he live to  that age accord to the principle or maxim before mention his widow be well  entitle to dower will Rep by way of note in the above case of chaplin and  chaplin his lordship take notice that by the preamble of the stat of use Henry  c it be recite that by mean of these use the wife be defeat of her dower by  which it appear that the wife of beneficiary and use be not dowable at  commonlaw and if so then as at commonlaw a use be the same as a trust be now  it follow that the wife can no more be endow of a trust now than at commonlaw  and before the statute shae can be endow of a use so that here be the opinion  of the whole parliament in the point that it have be the common practice of  Conveyancers agreeable hereto to place the legal estate in trustee on purpose  to prevent dower wherefore it will be of the most dangerous consequence to  title and throw thing into confusion contrary to former opinion and the advice  of many eminent and learned man to let in the claim of dower upon trust estate  that he take it to be settle that the husband shall be tenant by the courtesy  of a trust b though the wife can not have dower thereof for which diversity as  he can see no reason so neither shall he have make it but since it have  prevail he will not now alter it that there do not appear to be one case where  abstract from all other circumstance it have be determine there shall be dower  of a trust for which reason his lordship dismiss the bill as to such part of  it as claim dower of the trust of this rend c ibidem equity case abridge er p  b so determine lby his lordship in the case of Coseburn and English about hill  on a appeal from the roll c afterward in the case of shepherd and Sheperd hear  in march before the Lord Talbot the same point come in question the attorney  general and Mr fazakerly who be of counsel with the widow apprehend it to have  be so clear settle by the above resolution that they both decline speak to it  will Rep by way of note