case Kettleby versus atwood eoden die in court Lord keeper Eq can ab pl money  agree on marriage to be lie out in land and settle to the use of husband and  wife and their issue with remainder to the husband in fee the husband die  leave a son who die without issue the heir of the husband bring a bill against  the wife who be administratrix of her husband and son to have the money lie  out and settle accord to the article bill dismiss by article make upon  marriage it be agree that the wife have pound portion the husband shall add  pound more to it and that the same shall be deposit in trustee hand until a  convenient purchase can be find out for invest the same in land which land  when purchase be to be settle to the use of the husband and wife for their  life remainder to the first and other son of their two body in tail remainder  to their daughter in tail this remainder to the daughter in tail be not insert  in the register book with a remainder over to the right heir of the husband  and in the article there be a proviso that in case the husband die without  issue the wife may make her election whether she will have the land or money  and have six month time to make her election the money by the article in the  mean time until purchase of land be to be put out at interest for the benefit  of such person to who the rend and profit of the land shall belong in case the  same be settle and the proviso be that if Richard Kettleby the husband die  before a purchase be make leave no issue and whether his intend wife shall  survive he that then the pound shall be lie out in the purchase of land to be  settle upon whether for life remainder to the right heir of Richard or else  three part thereof shall be pay to whether her executor c at her election to  be make within six month after the death of Richard then the marriage take  effect r l Vernon chancery case the husband die before any purchase be make  leave the wife enseint of a daughter bear soon after his death who die at a  month old the wife be administratrix both to her husband and child and make  her election within the six month to have the money and give notice thereof to  the plaintiff who be her husband brother and heir the bill be bring by the  plaintiff to have the pound invest in land and settle accord to the article  Lord keeper have a bill be bring in the lifetime of the infant it be better  and safe for the infant to have have land than money I will have decree the  money to be lie out for the benefit of the infant but I do not see what equity  the heir have against the administratrix as between the heir and personal  representative their right be pure legal right per Lord Loughborough Chan  walker v den Ves jun contra Biddulph v Biddulph Ves and see the case cite at  the end of the next note the bill be dismiss but without cost the decree as  state in the register book be whereupon c his lordship do declare that the  pound do belong to the administratrix of Richard Kettleby and ought not to be  settle upon his heir and dismiss the bill but without cost Reg lib a fol so  Lechmere v lady Lechmere Forr p wms SC lancey v Fairchild post vol decree on  the authority of the principal case et vide Edward v countess of Warwick p wms  where the doctrine and case on this head be full state and consider annand v  honeywood post also Wheldale v partridge Ves Ves SC where decide that in order  to convert real or personal property as between the heir and personal  representative the character of land or money must be imperative and  definitive affix to it see also Biddulph v Biddulph Ves stead v Newdigate mere  and case there cite Tregonwell v Sydenham dow note this cause be reheard mich  term by the Lord chancellor jefferies who decree for the heir Vid post case  Vernon chancery case er p