case mainwaring v mainwaring and lee February a convey pound to trustee to be  lie out in the purchase of freehold land within compute mile of Chester the  plaintiff the first tenant in tail under a limitation from a suggest no such  purchase as the deed direct can be find but a convenient one may he have in  Lancashire pray that the trustee may be direct to purchase accord Lord  Hardwicke make a order for the trustee to look out for a purchase within the  term of the deed and if after a convenient time allow it shall appear no such  purchase be to be meet with say he shall be incline to deviate in this  particular from the strict term of the trust a by deed convey the sum of pound  to trustee to be lie out in the purchase of freehold land within compute mile  of west Chester and after limit the estate to several person for life give the  first remainder in tail to the plaintiff who be now of age and the last  remainderman be the defendant lee it be convenient for the first tenant in  tail that it shall be immediate invest in land that he may be enable to suffer  a recovery and bar the subsequent remainder atkins er p he note and the tenant  for life who be his father and mother bring their bill c bring his bill  against the trustee of the deed and the last remainderman suggest that the  trustee have be endeavour to find out such a purchase asthe deed direct but no  such be to be find and that a very convenient purchase may be make in the  county of Lancaster and pray the trustee may be direct to purchase accord the  trustee by his answer submit to the court that he be tie lip by the term of  the trust and can safe purchase any where but within the limit prescribe he it  be say by the plaintiff counsel that the defendant lee the last remainderman  endeavour to hinder and entangle the affair as much as possible in order to  prevent his contingency from be bar and that as the lie out the money in a  purchase within mile of Chester be a circumstance only and not essential at  all to the right of the party the court may dispense with it and that this  court have in the case of will where the testator have direct a purchase of  freehold to be make allow the trustee to purchase notwithstanding part have be  copyhold where the freehold can he have without it atkins Lord chancellor as  the word of the deed be not directory only to the trustee with respect to the  purchase of the estate within mile of Chester but incorporate with the very  trust itself I can deviate from the intention of the donor under the deed nor  be the court to pay any regard to the convenience of the first tenant in tail  and his family or to the difficulty the last remainderman may create in order  to prevent his interest from be bar vide collet v collet ante atk vol and the  case there cite but the trustee may have borrow some estate within this  district note this be sometime do where money be direct to be lie out in land  for the benefit of a feme covert in order that she may be enable to dispose  thereof by fine vide Oldham v Hugh ante atk vol for the purpose of invest the  money in land and after the end be answer to the first remainderman in tail of  suffer a recovery in order to get the money into his own hand the estate may  have be restore again to the original owner I can do nothing more in this case  than direct the trustee to look out for a purchase within the term of the deed  and if after a convenient time allow for that purpose it shall appear no such  purchase be to be meet with the party may apply to the court Reg lib b fol who  will then be incline to deviate in this particular from the strict term of the  trust and in the mean while order a search to be make for precedent of the  court be dispense with such a trust where after a proper time allow no such  purchase be to be find but as to what have be mention with regard to the court  be allow of a purchase where the estate have be part copyhold it have be in  such case where it be mere directory and not incorporate with the very trust  itself n b Lord chancellor make such a order in the cause of gosselin all  versus dodwell all where sir William dodwell by his will direct his trustee to  lie out a sum of money in the purchase of freehold land only and yet upon a  petition of the trustee suggest that they can not without great disadvantage  purchase the freehold of a estate unless they take along with it a  collegeholding his lordship dispense with the strict direction of the will and  approve of the trustee purchase the collegeholding at the same time with the  freehold