batten and WHOREWOOD April how far money in some respect may be say to have a  earmark when a executor sell part of the personal estate of his testator and  convert the money into stock how far the creditor of the testator may be allow  to follow the stock into which the money be convert if stock belong to a  testator be give by his will subject to a contingency the court do not presume  that the stock will airways remain in the same plight and if it be convert  into other stock the stock into which it be so convert shall be subject to the  same contingency sir Nicholas wait make his will and thereby give his estate  to his daughter equal between they but direct that in case either of they  shall die unmarried the share of that daughter so die shall go to the survivor  at the time of make his will sir Nicholas have three daughter Dorothy whether  jane and sir Nicholas die and soon after his death die so that Dorothy and  whether jane be the only two that become entitle to the estate the estate be a  large one consist of about pound per Ann in land and pound in money a great  part of the money be keep in the hand of Cox and Cleeve who be banker the rest  of it consist chief in public security in they sell out a considerable part of  the stock which belong to sir Nicholas and lie out that money in the purchase  of a quantity of SouthSea stock this appear by the book of Cox and Cleeve  however the particular sum arise from the sale of these parcel of stock do not  in the whole appear exact to tally with the sum that Barnardiston be lie out  in the purchase of the SouthSea stock that purchase be make in their  JointNames but in they think proper to make a division of it into two moieties  and by that mean one of the moieties be take in the name of Dorothy the other  in the name of whether jane this division they be advice to make in order that  they may more easy receive their respective dividend at the time this division  be make whether jane be marry to Whorewood Dorothy make her will and give a  legacy of pound to batten who be her maidservant that live with her of this  will she make whether jane executrix Barnardiston er p the present bill be  bring by batten against whether jane and her husband in order to have a  satisfaction for this legacy on the hear of this Cause a account be direct to  be take of the personal estate which belong to Dorothy at the time of her  death but by that decree it be declare that no part of the capital belong to  sir Nicholas shall be consider as part of her estate but that whether jane be  entitle to it under the clause of survivorship before mention on exception to  the master report the question now be whether the moiety of the SouthSea stock  divide as before mention shall be consider as part of the personal estate of  Dorothy so that the plaintiff can be entitle to have a satisfaction out of it  for her legacy Lord chancellor say his opinion be that it be not he say it  manifest appear that the stock be buy with the produce of the estate of sir  Nicholas the doubt make by the plaintiff be whether this produce do not  consist of dividend as well as principal and consequent whether part even of  the purchase money of the stock do not absolute belong to Dorothy and it be  indeed true Barnardiston that the profit arise from the estate of sir Nicholas  previous to the death of either of the party before marriage be not subject to  the Cause of survivorship as the capital of that estate S in the purchase of  this stock be make and it be make in their JointNames it appear by the book of  Cox and Cleeve that at the time this purchase be make they sell out several  parcel of other stock and though those sum do not exact tally with the  purchase money of the stock that be buy yet if it be not for the subsequent  Act that be do of make a division of the stock between they it be impossible  to imagine that any part of the stock can now be consider as the separate  property of Dorothy afterward indeed a division of this stock be make and that  it be which make the difficulty in the present question it be swear by one of  the witness that he advice they to make it for their own convenience mere for  the purpose that they may the better receive the respective dividend which  they be each of they entitle to in this stock and that must be take to be the  reason for make this division it have be object on the part of the plaintiff  that money have no earmark and therefore upon that account the stock which  have be purchase can be consider as part of the estate of sir Nicholas this  objection have be enforce by say that if a executor sell part of a testator  estate and convert the money into stock a creditor of the testator shall not  be allow to follow that money into the stock wherein it be so convert and  consider the stock as asset in the hand of the executor but shall only be  allow to charge the executor with a devastavit and undoubted that be the  general rule not only at law but in this court likewise but there be many case  wherein that rule do not hold in this court and the creditor shall be allow to  follow the stock specifical and if stock belong to a testator be give by his  will subject to a contingency Barnardiston the court do not presume that the  stock will always remain in the same plight and if it be convert into other  stock the stock into which it be so convert shall be subject to the same  contingency and that seem to be a good deal the nature of the present case it  have be say that from the division which the party make of this stock in a  evidence arise that they intend to depart from the contingency mention in the  will of sir Nicholas but his lordship say he can not think that by that Act  they do intend to depart from that contingency it be not at all natural to  believe that such a thing be any way in their intention for whether jane be at  that time marry so that her estate be not at that time subject to the  contingency and consequent accord to this construction of the meaning of what  be do whether jane must have part with the chance of a contingency in the  estate of Dorothy for no consideration at all it be indeed true if this have  be a mere estate in Jointenancy his lordship say he shall have incline to  think that this Act will have amount to a severance of the jointure but as  there be a express clause of survivorship the Act which be do ought not to  receive such a construction this expressClause of survivorship have such a  effect in the present case that if the party have in write under their hand  agree to divide the estate yet unless they have agree to release the  contingency the contingency will not have be release and so his lordship be  please to order accord Barnardiston er p