c best v stamford S c salk Prec in Chan vern Eq Ga ab Lord keeper term to  attend the inheritance a woman seize of a estate in fee make a lease for year  in trust for herself her executor and administrator and be afterward upon a  treaty of marriage she and her trustee assign this term in trust for the  husband for life and after his decease in trust for her life and afterward in  trust for their child the husband die and the wife survive and have no issue  by her first husband marry a second husband and die and the question be  between the second husband and the heir of the wife who shall have this term  for the husband it be insist that this be a abstract term carve out of the  inheritance and declare to be in trust for the wife her executor and  administrator and so when the limitation in the marriage settlement be spend  it ought to go to the executor or administrator of the wife and that the  second husband be administrator to the wife ought to have it but per cur this  term in the creation of it be a term attendant upon the inheritance for  whenever a man be owner of the inheritance and entitle to the trust of a term  of the same estate the term will be attendant upon the inheritance freeman  unless it be otherwise limit and in this case when the husband and wife be  dead without issue all the limitation in the marriage settlement be answer and  the residue of the term shall be attendant upon the inheritance Scott v  Fenhoulet Br Capel v girdler Ves Huddlestone v Lamplugh Charles Rep ante c p  note and he say in this case it may in some sense be say that justice sequitur  law for at law if a term and the inheritance come into one hand the term be  merge and the estate go to the heir so in equity it be in the nature of a  merger for the trust of the term will follow the inheritance and he say there  be no difference between this case and that of holt and holt cite in Hayter v  rod p wms for there a man have a long lease buy the inheritance in the name of  trustee it be hold that this term be attendant upon the inheritance although  there be no declaration of it and another case of Percival and zouch be cite  to the same purpose indeed when a term be limit to raise pound for a daughter  and after the inheritance descend to her and she make her will and dispose of  the portion during her infancy it be there hold this be good enough and that  she be owner of the inheritance and the term and have a power to dispose of  the term during her infancy but not of the inheritance it be in this case hold  that the devise be good and that for this purpose Forbes v Moffatt Ves Reg lib  a fol the court be satisfy the intent be that the term it shall be look upon  as a term abstract from the inheritance and so it be hold in the case of  Thomas and kemish ante case freeman er p of year shall attend the inheritance  and decree accord that the defendant the second husband shall deliver up all  deed and evidence relate to the premise in question and also pay to the  plaintiff the rend and profit of the say premise receive by he the say  defendant since the death of his wife