case chester against will if the inheritance of a estate come to one have a  equitable charge upon it the charge be merge except in certain case price v  Gibson Eden see Wyndham v earl of Egremont post and see Donisthorpe v porter  post it be not merge where the estate which come to the person entitle to the  money be only a estate tall countess of Shrewsbury v earl of Shrewsbury bro  ware v Polhill Ves nor where the owner of the fee have manifest a intention  that the charge shall subsist in Forbes v Moffatt Ves lib Reg a foe a in  chancery that and that Dec one devise his real estate to his son and his heir  Chargeable with pound to be pay to his daughter on a contingency which happen  afterward the son die and on his death the estate descend to the daughter in  fee and then the daughter die but whether under age or not do not appear  without have show any indication of her intention that the charge shall not be  merge question whether the pound be merge in the inheritance of the estate  Lord Hardwicke chancellor say that where there be no legal estate stand out  but only a equitable charge as the present and the inheritance come to the  person entitle to the charge the general rule be that it shall merge but  particular circumstance make exception to that rule as where the person  entitle to the charge take only a estate tail in the estate and not the  feesimple which distinction be take in the case of the duke of chandos v  Talbot wms so where the owner of the fee have manifest his intention that the  charge shall subsist as Thomas v Kennysh vern Powell v Morgan vern his  lordship say he subscribe to the distinction in the case of the duke of  chandos v Talbot with this addition unless there be evidence of the intention  of the owner of the fee that the charge shall not merge ambler Rushout v  Rushout in the house of lord I vin Abr pl be cite but his lordship say that  case be attend with such particular circumstance that it can not be a  precedent in any other his lordship say it will not in this case have be for  the daughter benefit not to have the charge merge for it can not be raise till  such time as she can dispose of the inheritance itself there be nobody to  bring a bill against in order to have the money raise but herself and she can  not have mortgage or sell any part of the estate to raise the money till she  attain twentyone note the decree ambler er p declare that upon the fact appear  in this cause the say sum of pound be to be consider as merge in the  inheritance of the say estate Gwyllym v holland cite Ves Jun S c atk July and  seys v price Mod barn be cite by Mr Wilbraham in all case where it can be of  no use to the person become entitle to the estate that the charge shall  subsist it will be hold to sink unless something shall be do by he to keep it  on foot Forbes v Moffatt Ves