Provincial Court Proceedings, 1668.     339

    compell the said Factor his heirs or assignees to convey and settle Liber FF'
    such lands upon the master and his heirs No man can be reasonably
    encouraged to trade in that Country, But if the said Conveyances
    were taken in the names of the said Bateman and of the petr joyntly
    and for a joynt estate, then I conceive clearely that by the death
    of Bateman the whole estate remaines vested in the petitioner and
    his heirs as the surviving joyntenant.
      Secondly As to the title of the said Lands upon the Devise made
    by Bateman to his wife And upon the devise made by the said wife
    to her Daughter I humbly conceive that if the petitioner was a joynt
    purchaser named in the Conveyances then it is cleare nothing is
    wrought by either of the said Devises For the will of John Bateman
    could not receive a consumation to take effect as a will but by the
    death of the testator And at the very instant of the death of the
    said Testator the whole estate which he had in joyntenancy by Op-
    eration of Law vests ithediately in the Pete by Survivorshipp And this
    being the Act of the Law It workes so as to prevent the Devise which
    is the Act only of the party from takeing any effect Then the Devise
    of Bateman to his wife being void the Devise of the wife to her
    Daughter as to that particular must be void also, But if the petr was
    not a joynt purchaser but that the said Conveyances were taken in
    the name of the said Bateman Only then the said Bateman being a
    Trustee and seized in trust for the Pete and his heirs The Devizee
    Mary must make the estate subject to the same trust 1o Because a
    will is a voluntary settlement without valuable consideration And
    therefore if there were no notice of a trust yet the devisor haueing
    the estate meerely in trust the Devise shall not barr or extinguish
    the trust to which it was subject in the hands of the devisor, And
    the Devisee shall be compelled by a Court of equity to convey the
    estate to the party for whom the Devisor was entrusted and to his
    heirs accordingly So also shall the devisee of the devisee 2o Because
    in this case Mary the wife who was the Devisee had notice of the
    trust and therefore if she had not come in by a devise but as a pur-
    chaser for a valuable consideration she haveing notice of the trust
    before she purchased the estate should in her hands haue been sub-
    ject to the trust And it should haue been adjudged her folly to haue
    taken an estate which was subject to a trust.
      Secondly As to the personall estate of the said petr in the hands
    of the said Bateman at the time of his death I humbly conceive that
    according to Law and more particularly according to the Lawes of
    yr LOpps said province the same shall not be Assetts in the hands of
    Batemans executrix so as to be charged with or for the proper debts
    of the said Bateman Because if they should be so charged or charge-
    able there can be no security in trade or for merchants tradeing
    thither, much lesse shall they be subject to be charged with debts
    incurr'd by Bateman before he was imployed as a Factor for the
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