a devise that his executor shall sell his land in d and invest the money arise  by that sale and the surplus of his personal estate in purchase a annuity of  pound per Ann for I S for her life out of which she be to maintain her child  and give to each child to be raise out of the say annuity and the personal  estate he shall die possess of and the overplus b of his personal estate he  give to say I S a die and the intend annuitant die three month after he the  equity case abridge er p testator executor renounce Administration with the  will annex be grant to plaintiff who be also the administrator of I S the  intend annuitant and with the child of I S bring this bill against the  testator heir at law to compel he to join in a sale of the devise land king c  decree the land to be sell and the money arise by the sale as personal estate  to be pay to the plaintiff the administrator of the intend annuitant he pay  the child legacy but the heir at law be order his cost c mich Yates and  Compton will Rep in this case it be insist that the estate in question descend  to the heir at law for which reason he ought to have the rend till the sale  but the court deny this it be by the will change into personal estate and say  that if the executor have sell the land within three month after the testator  death and before the death of the intend annuitant then probable the annuitant  administrator shall on her death have have the money or perhaps she may in her  life time have come into equity and have pray that at least part of the money  shall have be keep for the child and not invest in the annuity nor ought the  delay of the executor in not sell the land in question within the say three  month to hurt the intend annuitant or her child say per Lord Chan ibidem b the  intention of the will be to give all away from the heir and to turn this land  into personal estate say per Lord Chan ibidem c though by the register book  the decree appear to have be as here state yet it be not mention in what right  the court take the plaintiff to be entitle ibidem in a note