case bowater ux versus elly Feb pre Ch S c trustee join with the beneficiary  and trust in tail in a feoff will bar a estate tail in a trust elly the  defendant grandfather be seize of the land in question by his will devise the  same to sir Simon archer and other and their heir in trust for John elly the  father for life remainder to Elizabeth the wife of John the father for life  remainder to the heir of the body of John the father by Elizabeth his wife  they have issue John a son and mary a daughter now the wife of the plaintiff  Vernon chancery case bowater John elly the father die Elizabeth his wife  survive he Elizabeth the mother and John the son together with sir Simon  archer the survive trustee join in a feoff to the use of Elizabeth the mother  for life remainder to John her son and his heir John the son by his will  devise the land to John elly his kinsman and heir male of the family in fee  subject to the payment of several debt and legacy the plaintiff bill be to  have the trust and conveyance execute the question be whether this feoff be a  bar in equity to the plaintiff demand who derive her title under a entail of  the trust of the land in question for the defendant it be insist that John  elly the testator grandson be tenant in tail with the reversion in fee to  himself have it be of a legal estate or use execute at commonlaw may by fine  or common recovery have bar the plaintiff a feoff will have make a  discontinuance and this court so far favour the owner of the inheritance that  have a power to dispose that if tenant in tail make a Vernon chancery case er  p feoff or a deed of voucher as be common practice in Wales the issue in tail  or remainderman shall not have the assistance of a court of equity to defeat  the conveyance but must defeat it at law if he can and so it be adjudge in the  case of Sherrard and Stapleton vern where the entail be discontinue by feoff  the court will not oblige the defendant to discover where the freehold be to  enable the plaintiff to find out a tenant to the Prcipe against who he may  bring his formedon but here the entail be only of a trust and be not within  the statute de gift and so a fine or recovery not necessary but be alienable  by a other conveyance make by he who have a estate of inheritance in the trust  vide on this head north v W a ante vol p and case cite in note p there Vernon  chancery case in this case if the mother and son have bring a bill against the  trustee the court will have decree the trustee to convey to they or to who  they shall appoint and possible he may have pay cost for refuse to convey and  put his beneficiary and trust to the charge of a unnecessary suit and in this  case the trustee have do that voluntary without a suit which if he have refuse  to have do the court will have compel he to do be as strong and as valid when  do without a suit as if it have be do pursuant to a decree and no trustee be  ever yet blame for do that without a suit which this court will have compel he  to have dome quaere yet vide earl of Winchelsea v norcliffe ante vol p and yet  if the plaintiff have any relief in this case it must be upon a suppose breach  of trust in the trustee for the legal estate be well pass and settle and if  not do in breach of trust there be no ground for this court to relieve the  plaintiff the Lord chancellor hold that the complainant equitable title under  the entail be well bar by the feoff and dismiss the bill Reg lib a fol