case doughty versus bull follow in re raw Ch d Lord chancellor king one devise  land to trustee in fee in trust to apply the profit until sale for the benefit  of all his four child and the survivor and survivor of they equal and on  further trust that as soon as the trustee shall see necessary for the benefit  of the child they shall sell the premise and apply the money for the benefit  of his four child equal to be pay at twenty one or marriage a the old of the  four child attain twentyone and marry and die without issue intestate leave a  wife decree the land be in all event devise to be sell though the time for  sale be leave to the executor be personal estate and a s widow must have a  moiety of a s share and the profit of the land until sale must go as the money  arise upon sale will Robert doughty the plaintiff father be seize in fee of  land in Lincolnshire devise the same to trustee his wife and soninlaw and  their heir in trust to apply the rend and profit thereof until sale for the  benefit of all his child a b c and d and the survivor and survivor of they  equal part and share alike and on further trust that as soon as the trustee  shall see necessary for the benefit of the child they shall sell the premise  and apply the money for the benefit of his child part and part alike the share  of the son to be pay at twentyone and those of the daughter at twentyone or  marriage and if any of his say child shall die before their share become due  then such share shall be pay to the survivor or survivor of such child equal  part and part alike at the time aforesaid Reg lib a fol n a the old son attain  his age of twentyone and die without issue and intestate leave a wife upon  which the peer William plaintiff b as heir bring a bill against the trustee  pray that they may convey to the plaintiff the decease brother share of the  feesimple and inheritance of these land and likewise for a share of the rend  and profit of the premise that have be receive by the trustee the master of  the roll decree that the land be devise to be sell be thereby render personal  estate and that all the child be tenant in common as well of the rend and  profit accrue before the sale as of the money arise by the sale and that the  wife of the decease son shall have a moiety of the say decease son share as  well of the rend receive in her say husband lifetime as of his share of the  money which be to arise by the sale upon which a appeal be bring before Lord  chancellor king and it be object that as to the rend accrue in the life of the  old son who be dead these rend be direct to be for the benefit of all the  child and the survivor and survivor of they they be jointtenants thereof for  which reason the widow of the old son shall have a share upon the statute of  distribution and the subsequent word equal to be divide part and share alike  be only word of implication and such as in a deed will not make a tenancy in  common vide ante must give way to the express word by which these rend be  direct to go to the survivor Lord chancellor the rend before the sale be to go  in the same manner as the money arise by the sale and all be to go in common  peer William as to the other point which be the chief it be object that this  question be now pure between the heir and administrator whether upon the word  of the will this land be turn into personal estate or not that the old son who  be dead have leave no creditor and that the land be not absolute and  indefinite direct to be sell but as soon as the trustee shall see it necessary  for the benefit of the child and the trustee be make defendant do by their  answer upon their oath say that they think it be not for the benefit of the  child that the land shall be sell that the rest of the child be infant and can  not judge one way or other and in point of reason it seem not to be for the  benefit of the child at least as yet to have a sale for at present the child  provision be safe while secure by land peer William er p of Firmum than when  turn into money which may lie dead and yield no profit and if put out may be  lose upon a ill security whereas while it continue upon land it can not be  lose and though it be true that regular speak land devise to be sell be  thereby turn into money and construe in equity as personal estate yet that be  not so in all case as suppose land be devise to be sell for payment of debt  and on the testator death it shall appear that the debt may be pay in a  reasonable time out of the profit or by a sale of a small part only of the  estate in the one case no part of the land and in the other but a sufficient  part thereof shall be sell vide cruse v barley post vol and this in favour of  the heir so in the principal case in favour of the heir and against the  administrator the land not be as yet sell nor think proper to be sell by the  trustee nor decree to be sell by the court in the life of the old son it peer  William ought as to the old son at least to be esteem as in fact and truth it  be a real estate Lord chancellor the rule be that land devise to be sell be  thereby make personal estate this case be within such rule the land be here  devise to be sell and only the time of the sale leave to the discretion of the  trustee wherefore this case be within the general rule must be determine  accord affirm the decree