case townsend plaintiff John lawton sen edward lawton John lawton jun and  montague defendant Lord chancellor king Sel can in Charles Eq can ab pl on  marriage land be settle to a for year if he so long live remainder to b and  his heir during the life of a to support contingent remainder remainder to the  first c son of a a have two son c and d a the father have mortgage the premise  he and his son c covenant to suffer a recovery and to procure b the trustee to  join b the trustee by answer submit to the court the court will not compel the  trustee to join unless d the second son of the marriage will consent by a  settlement on the marriage of the defendant John Lawton senior land be limit  to his use for year if he shall so long live remainder to the defendant  Montague and other trustee of which Montague be the survivor for the life of  John Lawton senior to preserve contingent remainder remainder to his wife for  life remainder to the first and second c son of the marriage in tailmale  successive remainder over the wife be dead and the defendant Edward Lawton and  John Lawton be the only issue of the marriage and the defendant John Lawton  the father have mortgage the premise to the plaintiff and the defendant Edward  Lawton the son be come of age the father and son enter into article with the  plaintiff and thereby covenant that they will suffer a recovery and procure Mr  Montague the survive trustee to join therein but Mr Montague refuse to join in  make a tenant to the peer William prcipe the plaintiff bring this bill to  compel a specific performance of the covenant and that Mr Montague may join in  suffer the recovery Mr Montague by answer submit to do as the court shall  direct and John Lawton the young son be make defendant Lord chancellor ask if  the young brother will consent that the trustee shall join in make a tenant to  the prcipe and be tell no his lordship say then he will not decree the trustee  to join for that he will not take away any man right see Basset v Clapham vol  hereupon it be insist that the court have do the like in the case of Mr  winnington the old son of sir Francis winnington upon his son marriage with  mrs read where Mr winnington the father bring a bill against the trustee for  preserve contingent remainder he himself be only tenant for year to compel he  to join in make a tenant to the prcipe for a common recovery and the court  decree he shall do it in order to make a new marriage settlement Vol et vide  Mansell Mansell post Lord chancellor I also will do so be the like case to  come before I in the case cite the trustee be decree to join in order to  preserve the estate in the family but in the principal case you will have the  same do with a view only to alien dismiss the bill as to Mr Montague and the  young son with cost but decree John Lawton the father and Edward the son  specifical to perform the covenant with the plaintiff this decree do not  appear in the register book although the order for set down the cause be enter  as of the precede easter term but now the court will not decree a defendant  specifical to perform a agreement to do a act beyond his power or his right  crop v Norton atk Mod harnett v yield Sch l ellard v Lord Llandaff ba be  ORourke v Percival ba be Howell v George mad Newdigate v help mad and see the  case collect in the note to hall v hardy post vol as to the decree which may  be make in such a case see Bennet college v Carey bro c c greenaway v Adam Ves  peer William er p