case Carteret versus Carteret Lord Macclesfield Reg lib a fol devise of land  to trustee in trust if the old son of a turn protestant then to such old son  this a good devise not to a papist but to a protestant lady Carteret be seize  in fee of some land in Middlesex part of which be freehold and part copyhold  and have surrender the copyhold to the use of her will devise all her say  freehold and copyhold land to trustee and their heir to the use of the old son  of sir Charles Carteret for two year next after her death and if the say old  son within these two year shall become a protestant then the trustee be to  stand seize to the use of such old son in tail male and for want of such  conformity then to the use of the second and every other son of the say sir  Charles Carteret be a protestant and to the heir male of their body be  protestant peer William and for want of such conformity in any of the son or  if they shall die without issue male then to the use of the old daughter of  sir Charles Carteret be a protestant and the heir of her body be protestant  remainder to the second c daughter of sir Charles Carteret be a protestant in  tail remainder to the old son of sir Christopher hale who be afterward sir  Edward hale and actual a protestant and bear of protestant parent sir Charles  Carteret have several son that be all papist and continue so but his old  daughter be above the age of eighteen year and six month do conform and now  bring her bill against the trustee to compel they to join with her in suffer a  common recovery of the premise saint Obj the old daughter be above the age of  eighteen and six month her conformity afterward be of no avail she be disable  by the statute from take cur No estate or right be to vest in any of the son  or daughter of sir Charles Carteret until they conform and become protestant  their conversion to the protestant religion be a condition precedent to their  take the estate and the act of the W against papist do not affect this case  for this devise be not to a papist but on the contrary be exclusive of papist  and therefore if this old daughter of sir Charles Carteret be a sincere  convert to the protestant religion she be entitle to take but in regard there  may be some doubt of the sincerity of her conversion let it stand over peer  William d Obj the plaintiff bill be to compel the trustee to convey the legal  estate in order to have a common recovery suffer thereof this be a idle prayer  because the devise be to the use of the first c son of sir Charles Carteret  and so peer William er p to the old daughter of sir Charles successive in tail  be a use execute for a devise to a use be as much a use execute as any other  conveyance to a use vide hark   Litt a part of the note to b cur if this be a  doubt it be reasonable that the trustee shall be decree to convey and if they  have no legal estate it will not hurt they d Obj suppose the trustee have the  legal estate yet the bill pray that they shall join in a common recovery which  be in effect by compel the trustee to join in destroy all the remainder create  by the will to make they join in disappoint the will cur so far the bill seem  proper that as the plaintiff have a right to the estatetail in the trust so  the trustee shall convey to the plaintiff a estatetail in the land and after  the plaintiff have gain this estatetail none can prevent her from have a power  to suffer a recovery of this estate it be incident to tenant in tail to suffer  as recovery but the devise be to trustee to pay several annuity out of the  estate to several of the brother and sister if any of these annuity be still  subsist I do not think that without the consent of the annuitant the legal  estate can be force out of the trustee peer William they be trustee as well  for the annuitant with regard to their annuity as for the plaintiff in respect  to the residue of the profit of the land but it be say that the brother and  sister of the plaintiff to who these annuity be give be papist let the master  inquire what age they be of at the time of the death of the testatrix and when  these annuity be to vest if they shall appear to have be above the age of  eighteen year and six month then the devise to they be void see the case of  hill and Filkin ante but if they be so very young as not to be above the age  of one two three or four year and consequent incapable of profess the popish  religion in such case they shall retain these annuity until their age of  eighteen year and six month from which time the annuity be to go to protestant  kindred until the death or conformity of the annuitant but if the infant be  thirteen or fourteen at the time of the vest of these annuity it be my opinion  that then they may be look upon as capable of profess the popish religion and  if in fact they do profess the same they be thereby incapable of take and the  devise to they of their annuity be void also the court say that such brother  or sister can not release their right to any entail give they by the will  forasmuch as without a fine they can not bar their issue