case hill against Filkins and his wife a devise by a papist in trust to papist  of land to be sell for the payment of debt and legacy and the residue to be  pay to a a papist when she shall attain her age of twentyone year or be marry  with the consent of the say trustee be a good devise notwithstanding the  statute will c if the devisee conform to the protestant church within six  month after she attain the age of eighteen year S c Mod S c Cas in Ch S c Peer  wms S c Eq ab this be a bill exhibit by a protestant heir for the recovery of  land devise in trust for a papist the case be as follow whether Stephenson who  be grandmother both to the plaintiff and to the defendant wife by her last  will in the year devise the land now in question to one Eyre and bush both  papist in trust to be sell for the payment of her debt and legacy and the  residue of the money arise by such sale she devise to the wife of the  defendant when she shall attain her age of twentyone year or be marry with the  consent of the say trustee and appoint they to be her guardian and soon after  die the say guardian send the plaintiff who be then very young to a popish  school in Sussex and the defendant wife to another popish school in  Hammersmith but Roger hill their father who be their guardian by nature  petition the Lord chancellor Cowper to have the guardianship of his child or  some other protestant who shall be think proper and accord a order be make  that they modern report shall be educate in some protestant school but before  that order can be execute the defendant intermarry with one Filkins at the  chapel of the emperor resident by a priest and two day afterward by a minister  of the church of England the defendant confess by her answer that she be a  papist at the time of make the will and at her grandmother death and for plea  say that the plaintiff be then a papist and that she be at that time under the  age of eighteen year and that before she come to that age she intermarry with  the other defendant Filkins who be then and now be a protestant and that she  herself become a protestant and conform within six month next after she come  to the age of eighteen year accord to the statute in that case make and  provide the word of which statute a will c S a be thus after September person  educate in or profess the popish religion who shall not within six month after  they attain the age of eighteen year take the oath of allegiance and supremacy  and make and subscribe the declaration of car in the court of chancery king  bench or quarter session shall be disable but not their heir or posterity to  inherit or in any wise to take any land tenement or hereditament within this  kingdom and during the say person life the next of kin who shall be a  protestant shall have and enjoy the say land until they take the say oath  without account for the profit receive but not to commit waste on penalty of  Triple damage the next clause be that after the that of April no papist shall  purchase mediate or immediate any land tenement or hereditament within this  kingdom or profit out of the same but all such estate or profit out of land  shall be void a see Geo c hawk p c that edit ch S a then she insist that the  plaintiff have no right be be a papist himself at the time of the make this  will and at the death of the testatrix this be the fact the single question be  whether this devise of the residue to the granddaughter shall be account as  land and a purchase thereof within the statute for if it be then it be void  and the estate will descend to the plaintiff as heir at law b Hawkins v chapel  atk davers v due Peer wms b and as to that point it be say for the plaintiff  that to devise land for payment of debt and the residue of the modern report  money arise by the sale thereof to be pay to modern report er p a papist this  residue shall be take as land and be a purchase thereof within this Act and  therefore can be take by a papist and so it be resolve in the house of lord in  the case of roper v Radcliffe c post Mod bro p c see also davers v due Peer  wms Carrick v errington Peer wms c for otherwise since nobody else can have  any interest therein such papist may pay the debt and legacy and enjoy the  land and by this mean the statute will be elude which be make to prevent their  take land the counsel for the defendant admit that a devise of the residue as  in this case be a purchase and within the second clause of this statute but  yet that the defendant be entitle to have a execution of this trust for that  this statute have two view one be to hinder papist from enlarge their land  interest the other be to invite they to conform and the age of eighteen be  account a proper period for they to make their election whether they will  conform or not therefore a devise to a papist under the age of eighteen year  be good if he conform within six month after he come to that age otherwise the  word in the statute which direct when that conformity shall be make be in vain  d Peer wms d and though he do not conform at the time appoint yet the  inheritance vest in he and shall descend to his heir and he shall maintain a  action of waste by virtue of the statute against the next protestant heir who  be entitle to take the profit during the disability and though the defendant  wife be breed a papist and profess the popish religion both at the time of the  devise and at the death of the testatrix and likewise at the time of her  marriage yet she become a convert before she be of the age of eighteen year  and have do all which be require by the Act and so be capable to take and  enjoy the estate and the court be of this opinion and therefore decree the  trustee to perform the trust n b on a rehear before the Lord chancellor king  the bill be dismiss with cost