case Barnardiston versus fane all Eq can ab pl S c one devise his land to I S  pay to his daughter I S make default in payment the daughter recover in  ejectment the heir of I S bring a bill and be relieve on payment of principal  interest and cost though to the disinherison of a heir and in favour of a  voluntary devisee Edward Rothwell have two daughter and heir devise his real  estate to his kinsman sir Richard Rothwell pay pound apiece to his two  daughter within six month after the decease of his wife the money not be pay  the daughter who be the heir at law bring a ejectment and recover the  plaintiff claim under sir Richard Rothwell the devisee bring their bill to be  relieve and obtain a decree for that purpose pay what remain unpay of the  pound with interest and cost although it be object that sir Richard Rothwell  claim only as a voluntary devisee ought not to be relieve in equity against  the breach of the condition whereby Vernon chancery case er p to establish a  disinherison against the defendant but that he ought at his peril to have  token care to have perform the same and that there be neither purchaser nor  creditor in the case equity ought not to assist a devisee against the heir but  the law ought to take place send non allocatur five hundred pound have be pay  to or to the use of each of the daughter a of the testator and accept by or  for they on account of the say respective sum of pound and pound and the  decree be that there have be pound pay to the defendant fane and pound to mrs  ware the say two daughter of the testator accord to the appointment of the  will of the say Edward Rothwell that the plaintiff ought to be relieve against  the forfeiture of the say estate for nonpayment of the remain pound accord to  the time limit in the say will Reg lib a fol and it shall seem as a general  doctrine that the court will relieve though against the heir and in favour of  a voluntary devisee where compensation can be make for breach of condition  Grimstone v Lord Bruce post salk S c et vide Popham v bampfield ante vol p