a by will bequeathe the surplus of his personal estate to be lie out in a  purchase of land to be settle on b his nephew for life and after his decease  to the heir male of the body of the say nephew and to the heir male of the  body of every such heir male several and successive one after another as they  shall be in seniority of age and priority of birth every elder and the heir  male of his body to be prefer before every young and for want of such issue to  his brother c the plaintiff for his life c in the same manner b the nephew  bring a bill to have a execution of the trust but c the plaintiff be no party  to the suit and have a decree that a account shall be take of the asset that  the estate shall be lie out in land and that to be settle by the approbation  of a master accord to the direction of the will after the account be take b  petition the court suggest that if the money shall be lie out in a purchase he  be to be make tenant in tail of the land by the say will and may immediate bar  it and therefore pray that no purchase may be make and obtain a order to that  purpose equity case abridge er p and have the great part of the money pay he  but before the rest be pay die without issue have first make his will and  subject all his real and personal estate to the payment of his debt and this  bill be bring by c to have a account of the estate and that it may be lie out  in a purchase for his benefit for that b be not by his uncle will to have be  tenant in tail as he allege and that the former proceed be collusive and he no  party to they and so not bind by they it be say it be plain from the frame of  the will that the testator meaning be that his nephew b shall be only tenant  for life and not have power to bar his issue and lie a court of equity will  decree it to be settle accord to the intent of the testator and the case of  Leonard and earl of Sussex be cite and the common case of marriagearticle  where though they be so word as that if a settlement be make in the precise  word of they the husband will be tenant in tail yet this court have decree it  to be settle on the husband for life only and then upon the first and other  son on the other side it be say if the latter word in this will signify any  thing it be no more equity case abridge than what be include in the first  expulsion out the dawn quce tacit sew up nothing service that this therefore  be a equitable estate and may be bar by deed c Lord keeper there have be a  decree already in this case it must depend on what it be at law and I be  incline to think the judge there may take it to be a estate tail if it be res  integran I think the court have better in such case decree the trust to be  execute accord to the letter a and let the other take what legal advantage he  can but that have go too far to be disturb now the thing be do and not open to  I and there may be a parity of reason between a constructive tenancy in tail  and a express one and parity of reason to have a equitable tail bind by decree  not by deed as a real one by recovery where Settlements be agree to be make  upon valuable consideration this court will aid in artificial word and make a  artificial settlement but I never know it do for a bare volunteer the doubt in  Shelleys case   arise about the word heir but as I say before this must depend  on what it be at law therefore let a case be make and I will desire the  opinion of the judge of the c b upon it pasch Leggat and Shewell note  afterward three of the judge certify their opinion that b the nephew have but  a estatetail will Rep easter S c by the name of legate and jewel say Trevor  Blencow and dorm three of the judge of c b certify their opinion that b the  nephew by virtue of the say will have a estatetail vest in he but Tracy I be  of opinion that he have only a estate for life the court not satisfy with the  opinion of the three judge direct that a ejectment shall be bring in b b in  order to have the matter settle but the party agree the question be not  determine ibidem yet in Ves ld Hardwicke say that ld Cowper hold himself bind  to agree with the three judge and so decree pale yellow Eq Rep SC but S p do  not appear vern SC but the opinion of the judge do not appear though they be  to be attend with a case vide SC cit ante a it be now constant hold in  chancery that if land be vest in trustee to the use of one and the heir of his  body with remainder over the trustee be not to convey a fee but a estatetail  though he will have power to bar the entail when the conveyance be make to he  and it will avoid circuity so if a sum of money be appoint to be lie out in a  purchase and the land to be settle in tail the purchase and settlement shall  be make accord and not the money pay the party b for the remainderman have a  chance for the estate in case the tenant in tail in possession die without  issue before any recovery suffer which he may omit through ignorance or  forgetfulness or he may be prevent by death before he have complete it b yet  in Coleman case Trin Geo where a leave pound to trustee to purchase land to be  settle on b in tail remainder to c upon petition his honour decree the money  to b before purchase make ms note