case Phipps v steward sir r Cowan reside at Bombay and be about to sail for  England make his will date the that of January and thereby direct his personal  estate to be lie out in the purchase of land to be settle to the use of his  brother in tail remainder to his sister in tail remainder to the plaintiff in  fee and in case of his brother death he direct that his personal estate shall  be remit to the plaintiff for the purpose aforesaid sir r Cowan before his  death in tell the defendant steward that he have make his will but have leave  it at Bombay and have only a copy of it with he the brother die in the east  Indies after the testator death steward marry the sister and apply for letter  of administration for her and possess himself of the book paper and part of  the personal estate of the testator pen the suit in the ecclesiastical court  the plaintiff bring their bill for a account of the personal estate and to  have the same lie out in Southsea annuity until the same can be lie out in the  purchase of land to this bill the defendant demurrer which demurrer be  overrule the defendant be restrain from receive or alienate any part of the  say testator personal estate till further order Reg lib b foe February the  that while a suit be depend in the ecclesiastical court for a administration a  bill may be bring here for a account of the personal estate the reason why a  bill be allow to be bring before probate be that the ecclesiastical court have  no way of secure the effect in the mean time a devise of personal estate to a  and the heir of her body it have never be solemnly determine that where money  be so entail the whole shall go to the first taker sir Robert Cowan intend to  leave England declare to the plaintiff he have make his will and that after  give his personal estate to his daughter and the heir of her body he have  limit the same to the plain tiff atkins some time after sir Robert Cowan die  the daughter marry the defendant and upon a supposition that there be no will  administration be apply for by the atkins er p daughter in the spiritual court  pen a suit there the present bill be bring by the plaintiff to have a account  of the personal estate to this bill the defendant demurrer for that there be a  suit now depend in the spiritual court for administration to the personal  estate of sir Robert Cowan Lord chancellor overrule the demurrer and say in  the case of powis v Andrews a bill of this nature be allow before probate and  that determination be find on a former case of Japhet crook in the time of  Lord Harcourt relate to the will of Mr Hawkins vern wright v Blick and vern  Dulwich college v Jackson Andrews v powis bro par can bro p c and ed Morgan v  Harris bro Charles Rep see Montgomery v clarke post vol smith v Akywell post  vol the reason for these case be that the ecclesiastical court have no way of  secure the effect in the mean time nor do he know there be any solemn  resolution where money be entail in the manner the testator have do here that  the whole of it shall go to the first taker vide seal v seal p W dod v  Dickenson vin pl Butterfield v Butterfield Ves daw v Pitt Fearne ivy v ivy  post saltern v saltern post vol Stratton v pain bro par can bro p c and ed  earl of Chatham v Tothill bro par can bro p c and ed Hodgeson v Bussey post  vol note the case of Colvel v Shadwell in the time of Lord Cowper be to the  contrary P W his lordship restrain the defendant from receive any more of sir  Robert Cowans personal estate till further order