case kind versus miller vern S c under the title of Kendar v Milward Eq Abr c  S c ante a die intestate leave a wife and two daughter after his death pound  be find in the house the widow lie out this money in land and settle it to the  use of herself for life remainder to her own right heir after the death of the  mother and two daughter plaintiff as administrator to the daughter bring a  bill against the heir at law to have two three of the pound out of the land as  personal estate which be decree accord by the master of the roll but reverse  by my Lord keeper I S die intestate leave a wife and two daughter infant and  they become entitle to his personal estate in three which amount to pound the  widow precedent in chancery take out administration and within two month after  lie out pound part of the money leave by the intestate in his house at his  death as be prove in the cause in the purchase of land and the conveyance be  to herself and her heir and there be no declaration of any trust in the deed  nor be she so much as mention therein to be administratrix to her husband  afterward she convey these land to trustee and their heir to the use of  herself for life and after as to one moiety to the use of one daughter and the  heir of her body and as to the other moiety to the other daughter and the heir  of her body with cross remainder with remainder of the whole to her own right  heir the daughter afterward both marry and die and the mother die the husband  of the survive daughter take out administration to his wife and her sister and  bring this bill against the heir of the mother to have this land make personal  estate and to have two three of it as be purchase with the money which belong  to the daughter to who he be administrator the defendant insist on the statute  of fraud and perjury and that these land can not be subject to any demand of  the plaintiff there be no declaration of trust in write and the case of Kirk  versus web ante be cite and rely on the master of the roll say that case do  not govern this but stand on its own bottom and that here be a interest vest  in the daughter by the statute of distribution and say it will be very  mischievous to infant if their money may be invest in land and that land not  liable to make they satisfaction and therefore he decree that the land shall  stand charge with two three of the purchasemoney for the plaintiff and if it  be not pay the land to be sell but this decree be after reverse by my Lord  keeper wright as contrary to the case of Kirk versus web