c king attorney v sir george sans in chess pasch car S c Charles Rep Nels  Hardr see barrow v Wadkin Beav Gilbert on use d Edward p follow sharp v saint  sauver l r Ch sir Ralph freeman purchase a lease for year of several manor  afterward he purchase the inheritance thereof in the name of sir George sand  be his soninlaw in trust for sir Ralph and his heir afterward sir Ralph make  his will and make Mr freeman his executor and appoint that his say executor  and sir George sand shall convey part to freeman sand and part to George sand  the two son of freeman sir George sand and their heir the residue to all the  son of sir George sand by his then lady sir Ralph daughter and their heir who  shall be live at the time of his death and then die sit George sand at the  time of the death of sir Ralph have only freeman sand who soon after die  without issue and the say George sand but afterward sir George have issue  another son call freeman sand Mr freeman the executor refuse the executorship  whereupon administration be grant to sir George sand afterward no conveyance  be make either of the lease or of reversion by sir George sand who have both  trust accord to the will freeman sand kill George his brother and be afterward  attaint of murder the question be whether any of those trust either of the  lease or of the reversion that be so in sir George in trust as aforesaid be  forfeit to the king of who the land be hold by this felony and attainder who  by the king attorney sue sir George on the equity side of the exchequer to  answer the profit to the king suppose those trust to be forfeit by the felony  and attainder the case be several time argue at the bar and this term chief  baron hale and baron turner Rainsford be remove into the king bench and Atkins  disable by age both agree that this trust be not forfeit in their argument it  be agree beneficiary and trust in fee or fee tail forfeit the same byattainder  of treason in the king v Lord Nottingham lane it be observe it will be  inconvenient that the same land shall be subject to several forfeiture at the  same time by several man and it have be declare subsequent to the present case  and in opposition to the dictum in the text that the trust of a freehold be  not forfeit to the crown by the beneficiary and trust be attaint of treason  the king v the executor of sir John Daccombe cro James though in the same case  it be adjudge that beneficiary and trust of a chattel interest upon attainder  of felony even forfeit the same to the crown and the estate to be execute to  the king in a court of equity by h and h it shall be observe that the case of  the king v Daccombe cite in the last note be decide subsequent to both these  statute and see the early case report in Jenkins p a alien beneficiary and  trust of any estate the estate belong to the king which the chief baron say be  the opinion of the judge in holland case alein car and that a alien can  purchase but for the king use and that he be of counsel in the case see the  case report in style as to the king debt by the commonlaw and by the practice  of this court which be of the commonlaw beneficiary and trust be indebt to the  king the king shall have execution of his debt on this trust for before the  statute make h a d h in the time of h there be precedent in this court that  the writ of to stretch out fac for the revving of the king debt be of the  debtor land or of any other land of which any other person be seize to his use  freeman and this be the reason of sir Edward cook case roll Rep but a simple  contract debt to the crown will not bind the land of the debtor in the hand of  a good fide purchaser the king v smith Wightw Casberd v attorneygeneral price  where the interest of the king debt do attach upon the power of the king  debtor to revoke a settlement make of his estate and pasch James Fords  security take in trust for a recusant be liable to the king debt of pound per  north so that where the king debtor bath the profitable partof the estate the  king shall not lose his debt by any fiction it be agree that the trust of the  reversion will not be forfeit for felony Burgess v wheat Eden which the court  hold clear and cite for authority   marquis of Winchester case   Edward cro  stat h and if the inheritance be forfeit for felony it must be to the lord by  escheat which can be because he have freeman er p beneficiary and estate for  his tenant and that no trust of a heir be forfeit for felony appear by h and  there be no wrong to the lord as long as he have a tenant and therefore till  the statute of h the lord can not seize the land of which his villain be  beneficiary and trust and if it be demand what shall become of his trust as if  tenant in fee of a rentcharge die without heir it be answer the land shall be  discharge of this trust as if tenant in fee of a rentcharge die without heir  or be attaint the land be discharge trust of a lease for year in gross may be  forfeit by felony or outlawry in a personal action earl of Somerset case hob  Dacombs case cro Balingtons case lease for year if it be of never so long  continuance if it be assign in trust for I S and his heir yet it shall go to  his executor yet trust be rule accord to the style and course of court of  equity a real chattel in law survive to the husband but not the trust see ante  c p note of a real chattel   light cap remit Cestuique trust of a inheritance  bind himself and his heir in a bind this trust be not asset to the heir though  it have since be question it be now put beyond question by the statute of  fraud Charles c by the ten sect of which a trust of a estate in feesimple be  make legal asset the trust of a term be usual equitable asset sir Charles Cox  case p win but where it be a term attendant on the inheritance it be in truth  a part of such inheritance and like it legal asset Ratcliff v grave Charles  can in the Lord chancellor hide time but clear the trust of a lease for year  be asset to charge a executor in equity so a trust assign over to wait upon  the inheritance though of a term shall go to the heir and heir of the body  because a shadow keep on foot for a special purpose and this have a great  resemblance to the case of charter which go with the inheritance to the heir  but if grant over the parchment and wax shall go to the grantee and his  executor h freeman and in the present case no trust of the chattel be forfeit  to the king because the lease for year be not in freeman who be attaint of  felony nor though trust in he as a chattel for that he must have be executor  and administrator of George the son and here it be sir Ralph intent that the  lease and inheritance shall be confound and not keep separate and again  freeman can have this trust but as heir to George and as long as he have the  inheritance in he and no long but it shall go to the heir as charter stride v  Blackburne Ves nomin paenae patronage by foundership c and the mischief  otherwise will be great to have such wait term forfeit by outlawry and so  judgement be give against the king attorney freeman er p