case SWEETAPPLE versus bindon Feb Lord keeper refer to in re de lancey l r ex  see also case collect in stone v Godfrey de g m g Eq can ab pl S c a devise  pound to be lie out in land and settle to the use of her daughter and her  child and if she die without issue to go over she marry b and have a child by  he and she and the child be dead and the money not lie out on a be bring by b  decree the money to be consider as land and the plaintiff to be tenant by the  courtesy W b devise pound to her daughter mary to be lie out by her executrix  in land and settle to the only use of her daughter mary and her child and if  she die without issue the land to be equal divide between her brother and  sister then live the plaintiff marry mary the legatee and have issue by her  but she and the child be both dead and the money not lie out in land the bill  be that the Vernon chancery case plaintiff may either have the money lie out  in land and settle on he for life Vernon chancery case er p as be tenant by  the courtesy or in lieu of the profit of the land may have the interest of the  money during his life for the case on money be consider as land vide Kettleby  v atwood ante vol and case cite in not there per cur if it have be a immediate  devise of land mary the daughter will have be by the word in the will tenant  in tail for the case on limitation of this nature vide note to bear v Coleman  p wms and consequent the husband will have be tenant by the courtesy and in  the case of a voluntary devise the court must take it as they find it and not  lessen the estate or benefit of the legatee although upon the like word in  marriage article it may be otherwise where it appear the estate be intend to  be preserve for the benefit of the issue and therefore decree the money to be  consider as land and the plaintiff to have the interest or proceed thereof for  his life as tenant by the courtesy it be clear settle that there shall be a  tenancy by the courtesy of a trust as well as of a legal estate vide the  principal case ub sup Otway v Hudson post William v Wray post and case cite  there chaplin v chaplin p wms Casborne v scarf atk burgess v wheat Eden so of  money agree or direct to be lie out in land think not lie out the principal  case ub Cunningham v moody ves Dodson v hay bro Ch Rep so of a equity of  redemption and of the wife equitable estate but not of a mortgage in fee  unless foreclosure or the mortgage so circumstance that the court will  redemption nor of a condition Casborne v scarf atk e can not grant ab pl I W  so hold in the case of a trust estate for payment of debt Watts v ball p wms  and case cite in not there Robert v Dixwell atk but though it be true as a  general doctrine that the husband may be tenant by the courtesy as well of a  trust as of a legal estate yet it must be such a trust estate as that the  husband may have a equitable seize thereof otherwise though the wife have the  equitable estate of inheritance yet the husband shall not be tenant by the  courtesy Hearle v Greenbank ves atk c and this may depend upon the intent of  the trust ves SC et vide the in cite in decree of master of the roll in  Fletcher v ashburner bro Ch Rep note in the register book b fol mich term a  entry of a order that the two cause shall be set down to be hear on the that  day of cause in the then next term enter Sweetapple v Feast and in the same  book fol a entry of a order on petition recite a order make in the cause for  tax the bill of Arthur Loyd the solicitor but the editor have not be able to  find any entry of the decree