a in consideration of pound portion with m by marriage article covenant with  trustee to lie out that sum and also pound of his own money in the purchase of  land in fee to be settle inter all on himself and his intend wife for life  remainder to the first c son of the marriage in tail remainder to a in fee and  also covenant that until the pound shall be lie out in land there shall be pay  pound per cent interest for the same unto the person entitle to the rend of  the land when purchase after the marriage a purchase several estate in  feesimple in possession but never settle any and die intestate and without  issue leave about pound per Ann real estate to descend upon plaintiff his  nephew and heir at law who bring his bill against a s widow and executrix for  a account of a s personal estate and to have this covenant carry into  execution his remainder by the death of a without issue now take effect as  also to have some particular purchase complete which be leave incomplete by  a s death sir Joseph Jekyll decree mich equity case abridge that the heir be  entitle to have a specific performance of this covenant and that the several  estate which descend upon he be not a satisfaction for this covenant or any  part of it and on a appeal to Lord Talbot the decree be vary only as to the  feesimple land in possession purchase since the covenant which his lordship  hold ought to go in satisfaction of the covenant a east Lechmere equity case  abridge er p and lady Lechmere can in Eq tempt Talbot will Rep mich SC and  decree per the master of the roll say it appear that the pound now order to be  invest in a purchase and settle accord to the article and for which pound per  cent interest be to be pay till such purchase have be place out in the  government fund which yield but pound per cent his honour reduce the interest  to pound per cent in regard the administratrix have make no more of it say on  appeal to Lord Talbot easter after long debate his honour decree be so  faraffirmed as that the pound b article to be lie out in land be by his  lordship hold to be as land who moreover agree that no difference have ever be  make between the case where the money be deposit in the hand of a three person  to be lie out and where it be vest in the hand of the covenantor but with  respect to the freehold land purchase in feesimple in possession after the  covenant though but with part of the pound and leave to descend these his  lordship order to go as satisfaction pro tanto for that it can not be intend a  be oblige to lie out all the money together but if it be invest at several  time it will satisfy the covenant ibidem a note the reason give by his honour  why the feesimple land purchase after the article and which be permit to  descend shall not be deem a satisfaction of the covenant be because they be  under the value of what a be bind to settle will Rep b rule money article to  be lie out in land be to be look upon as land