case EMBLYN versus freeman ante Eq Abr wms brown parliament case bro p c and  ed brown Rep a direct that his estate shall be sell after his death for  several purpose and among other that pound shall be dispose of as he by a note  shall appoint and die intestate have give no direction this pound shall be a  result trust for the heir at law Joshua Ailsworth by lease and release the  that of April convey several land to trustee and their heir upon trust to sell  the same after his death and out of the money arise by such sale to pay off  precedent in chancery a mortgage which be upon the same estate and other debt  by specialty and several other sum of money to the plaintiff and several other  of his relation and for charity and after payment thereof he precedent in  chancery er p direct that the overplus of the money shall be divide among the  plaintiff and other share and share alike after a sum of pound which shall be  liable to a note under the hand of the say Joshua Ailsworth pay able to the  person or person therein to be name and direct the say trustee to pay the say  pound in such manner and form as shall be appoint by the say note Joshua  Ailsworth after die intestate without any disposition of the pound and the  only question now be whether the pound shall be distribute accord to the  statute of distribution in regard the intestate have direct the whole estate  to be sell and turn into money and when that be do then this pound be to be  subject to his appointment and since he have make no appointment this pound  ought to be look upon as money and so part of his estate and to be distribute  to the next of kin but it be decree by the master of the roll and affirm by my  Lord chancellor that it shall be a result trust for the heir at law that no  one rule whatsoever be more certain and invariable in this court than that the  heir at law shall have so much of the land as be not actual dispose of that  this pound not be dispose of do therefore belong to he as so much of the land  itself will have do if no sale be make thereof and that the case of roper  content Radcliff have settle this point and that the heir at law be clear  entitle to this undisposed sum of pound whereupon the decree be affirm