case bovey versus smith of Mars in court Lord keeper Eq can ab pl Ch can SC  Vid ante case pound the case be mrs Bovey the plaintiff mother live in holland  and though a feme covert yet trade as a feme sole and have acquire to herself  a separate estate about forty year since make her will in Dutch and thereby  devise her house in Chelsea which she have purchase with her capital to  William Bovey her husband son by a Vernon chancery case former venture and two  other trustee and their heir in trust for her four daughter and their child  and such of their child as shall be alive at the last and afterward by her say  will declare the trust of all her estate thereby undisposed of to be for her  and her heir the plaintiff claim as heir to his mother his elder brother not  be of the whole blood but by a former venture before the make of this will mrs  Bovey have settle these house by deed execute in her lifetime out the same  trustee in trust for such person and such estate as she by any write under her  hand and sea shall direct and appoint William Bovey and the other trustee  apprehend that this devise carry the inheritance of these house to the  daughter in sell the inheritance thereof for a full and valuable consideration  and the money be proportionable distribute among the daughter the plaintiff be  privy to the conveyance and make no claim or pretend any right to these house  and a fine be levy of they and five year pass afterward difference arise  betwixt the plaintiff and William Bovey the trustee there be a award make and  pound award to be pay the plaintiff and the plaintiff to give a general  release of all action real and personal but no notice be take in the award of  the breach of trust the pound be pay the plaintiff and a general release give  accord about ten year afterward William Bovey the trustee for a full  consideration purchase back these house to himself and his heir and the  defendant smith stand in the place of Bovey the trustee and the plaintiff have  now take advice upon this will and conceive the daughter Vernon chancery case  take only a estate for life exhibit his bill to have a execution of this trust  and these land decree to he the late Lord chancellor have twice hear this  cause and decree it both time for the plaintiff but the decree not be sign and  enrol the cause come this day to be reheard before the Lord keeper for the  defendant it be insist that this be not only a very old and stale they and the  pretend breach of trust have be commit above thirty year since but a very hard  demand in equity to charge a trustee who accord to the best of his skill have  in this case act honest and to evict the land from he who be now become a real  and innocent purchaser thereof and first as to the will itself it be observe  that the same be make in Dutch and the original be lose and a small mistake in  the translation may make a great variance in it for if it have be issue  instead of child it will have carry a estate tail and the custom in holland  may be that those word carry a inheritance there and the will be in truth  incoherent and almost insensible in itself if the matter have be call in  question within any reasonable time the intent of the testator may have be  make out by proof which may have give light to the doubtful and ambiguous word  of the will and by which the intent of the testatrix may have better a ear but  here have be a acquiescence in the plaintiff for above pp thirty year whereas  have he soon lie claim to this estate the defendant may in equity have compel  the daughter to have refund the money receive by they out of this estate dly  it be insist that the fine with proclamation and Vernon chancery case nonclaim  for five year be a flat bar to the plaintiff in this case and cite case  wherein it have be resolve that no other claim than the exhibit a bill and  take out a subpoena be a sufficient claim in equity as a man at law must file  a original where he can enter dly that the release be general of all action  real and personal it release the breach of trust if any be and it be full  within the word of the release after so many year it ought not now to be  inquire into whether this breach of trust be intend to have be release thereby  Vernon chancery case er p thly if there be any notice of the trust in this  case it be at most but a notional notice for both the plaintiff and the  trustee apprehend that this will carry the inheritance to the daughter thly it  be observe that this be a declaration of a trust only and not the limitation  of a estate and that therefore there be a great latitude leave to the court in  judge upon this case and that in many respect it ought to have a equitable and  favourable construction for the plaintiff it be answer that though the will be  in Dutch and though it may be such as by the law of the low country will carry  a inheritance though what the custom of the low country be do not appear yet  that be nothing to the purpose for a will to pass the inheritance of land in  England wheresoever it be make must be such as will carry a inheritance accord  to the law of this realm as have be resolve in case of Latin will and the like  and the devise be concern land the whole will must be in write and the intent  of the testator can be supply by proof bertie v Falkland cro James fry v  porter Mod salk as to will of personal estate fane v fane ante and as to the  plaintiff acquiescence under this breach of trust it be easy answer for the  last of the daughter die not above two Vernon chancery case year before the  bill exhibit and though the remainderman may if he will take advantage of the  forfeiture of the tenant for life present yet he be not bind to do it but  shall have five year after the death of the tenant for life to make his entry  or claim and the plaintiff bill in this case be very proper to have the land  itself decree for though the plaintiff may have satisfaction in damage yet the  land be now come to the trustee again the best and equal measure be to decree  he to convey the land itself and they cite the Lord canmore case where a trust  be break and then a full bar to the beneficiary and trust and yet the land  come afterward into the trustee hand he be decree to convey the land itself as  the best measure that can be take in that case and the plaintiff counsel do  insist that there be not any bar at all to the trust as this case be for first  as to the release a release shall never bar a man who be ignorant of the right  and interest he be to release and where such right be suppress and conceal  from he and in this case the plaintiff be not apprise that anything pass to he  by this will dly though the release be general of all action real and personal  yet it be make in pursuance of a award which concern matter in account between  the beneficiary and trust and the trustee only and it be not nor can be  pretend in this case that the plaintiff have receive any satisfaction for his  interest in these house dly all the three trustee join in the conveyance and  so be all guilty of a breach of trust and yet this release be make to one of  they only whereas if it have be design to have release the breach of trust it  will have be make to they all then as to the fine it be true a fine will bar a  equitable right as well as a estate at law but then the estate must be  displace which here it be not the fine be by and between Vernon chancery case  the party to the trust only who have notice of the trust the fine operate so  as to strength on the trust and not to extinguish it the trust be all along  incumbent on the land and pass with it and so this case be in truth strong  than that case of the Lord Canmore for here be never any real bar and in this  case it be impossible any one shall come at the land but they must have notice  of the trust for they purchase under the will and all their title be by the  will by which the trust be create and a man that have notice of the will must  at his peril take notice of the operation and construction of the law upon it  and though this be call a notional notice yet it be such a notice as have  always be allow to be good for every man be presume to be conusant of the law  of the realm and he shall not take advantage of his own ignorance but caveat  emptor for the defendant it be only reply that here be no answer give as to  the plaintiff acquiescence and come so late for there be no survivorship in  the case for the jointure be sever by the fine and all but one of the four  daughter dead almost ten year before the bill the Lord keeper in the debate  put this case to sergeant Maynard a seize in fee in trust for b for full  consideration convey to c the purchaser have notice of the trust and afterward  c to strengthen his own estate levy a fine whether b Vernon chancery case er p  the beneficiary and trust be not in that case bind to enter within five year  and the counsel be all of opinion that he be not for here c have purchase with  notice notwithstanding any consideration pay by he be but a trustee for b and  so the estate not be displace the fine can bar draper company v Yardley post  vol Lord keeper in this case you come here in equity after one and thirty year  possession to affect a estate with a trust notwithstanding a release and fine  and that upon a Vernon chancery case supposal that mrs Bovey make no other  appointment as she have power to do by the deed and after so long a possession  it ought rather to be presume she do and also upon a supposal that this be a  true copy of the will this be only a translation and the original lose and the  difference in point of translation betwixt child and issue be nice and the  question be who shall suffer for the defendant be a purchaser and have pay a  full consideration and here must be affect with a notional notice only and the  plaintiff all the while stand by and be silent and at best be passive in the  breach of trust and this case be rather strong than sir George Nortonss case  ante case where the heir stand by and encourage a purchaser and afterward  trump up a deed of entail though it be hard to dismiss the hill after two  decree for the plaintiff yet I be not satisfy I can decree it for he the bill  must stand dismiss Reg lib a fol note this decree be reverse in the house of  lord that march jour Ho of lord that vol