case Eastwood versus VINKE or Eastwood versus style at the roll Kel in Charles  a father or mother may be cousin to the son and as such inherit to he  notwithstanding the relation of father c One give a bind on his marriage  either within four month to settle land of pound per and on his wife or that  his heir executor c shall pay her pound within four month after his death  husband after this devise to his wife land of pound per annum this shall not  be take in part of the pound per annum but only as a benevolence in this case  one of the point be where a son die seize in fee of land without issue brother  or sister but leave two cousin his heir at law one of who be his own mother  whether the mother can take as heir to her son peer William object the father  or mother grandfather or grandmother can take as heir to their son or grandson  they may it be true inherit by circuity vide Litt sect as thus the uncle may  take as heir to the son after which the father or mother may take as heir to  the uncle but the father or mother can as in the present case succeed  immediate and in the first instance to the inheritance of the son on the other  side it be say and so rule by the master of the roll that though a father or  mother can not as father or mother inherit immediate after the son yet I if  the case shall so happen that the father or mother be cousin to the son and as  such his heir they may take notwithstanding and that here though the heir be  also mother this do not hinder her from take in the capacity or relation of  cousin his honour further observe that the other cousin be but half a heir can  not take the whole neither can any thing go to the lord by escheat for as long  as there be any heir leave he can take so that though the other cousin can  take but a moiety yet her be a moiety of a heir will prevent the lord title by  escheat and that notwithstanding this be a very uncommon case he take it to be  a clear one but see   Litt b another point be a man on the marriage of his  wife give a bind to her trustee in the penalty of pound condition that if be  at any time within four month shall settle and assure freehold land of the  yearly value of pound on his wife for her life or if his heir executor or  administrator shall within the space of four month after his death pay unto  his say wife pound then the bind to be void the husband soon peer William  after the marriage make his will devise thereby freehold and copyhold land lie  intermix in Norfolk of the yearly value of pound to his love wife and her heir  have surrender all his copyhold to the use of his will and die within four  month after the marriage whereupon the wife now insist to retain these land of  pound per annum and that in regard her husband have not settle the pound per  annum for her life she be also at liberty to elect the pound out of his asset  against which demand it be urge that this devise of land of pound per annum be  satisfaction of the bind because land of pound per annum in feesimple be great  in point of value and may be sell for more than will purchase pound per annum  for her life nay may in and say time be turn into a annuity of pound per annum  peer William er p but take it that this devise be not to go in satisfaction  vet it ought at least to go towards it and therefore all that the executor of  the husband ha f to do will be to make up the pound per annum pound per annum  that if the husband in his lifetime have settle land of pound per annum on her  suppose it be for life only this have be a performance in part of his bind and  he will have be bind only to make it up pound per annum for which purpose the  case of Wilcox and Wilcox vern be cite where one bind to settle upon his son  land of pound per annum leave a estate of pound per annum to descend to such  son though the land agree to be settle be to be entail and those that descend  a feesimple and so of a different nature yet be these latter construe a  satisfaction that if in that case the land descend have be but pound per annum  all that his executor by virtue of the covenant have be bind to do will have  be to make the land descend of pound amount to pound per annum so here the  land devise be to be make up but pound per annum and vern peer William brown v  Dawson be cite where a on his wife join in a sale of part of her jointure give  her a note to pay her pound S per annum for her life and afterward on a sale  of a far part give her a bind to pay her pound S per annum for her life and by  will without take notice of the note or bind give her pound per annum for her  life the devise be hold to be a satisfaction of the bind and note so if a  child have a portion secure to her by a settlement and afterward have the like  or a great portion give her by the will of the same parent who make the  settlement the legacy shall be take in lieu of the portion by the settlement  and the child not have both it be far observe that the election be in the  husband to settle land of pound per annum on the wife for her life within four  month after the marriage or that his heir executor or administrator shall pay  the wife pound and here the husband die within four month after the marriage  the election which he have shall go to his heir executor or administrator  which election be considerable since the land to be settle be but per annum  for her life but in default thereof the money to be pay her be near double the  value videlicet pound master of the roll as money and land be thing of a  different nature the one shall not be take in satisfaction of the other  whatever be give by a will be prima fancy to be intend a bounty and  benevolence and it be remarkable that in the present case the devise be to his  love wife which be a word of affection I look upon it to have be a stretch  that where a man have owe I S pound and afterward give he a legacy of pound  this latter have be take in satisfaction of the former since at that rate  nothing be give vide chancy case ante vol but though the court have go so far  it never yet construe a devise of land to be a satisfaction for a debt of  money much less have it decree that a legacy of a less sum than the debt shall  be peer William deem a satisfaction pro tanto the devise of such of the land  as be copyhold can possible go towards satisfaction of the S per annum which  be to be freehold nay suppose the whole pound per annum be freehold it will  not go towards satisfaction of the pound per annum not be so express but if  there be not enough to answer the rest of the charge lie upon the land or the  bind creditor who may come upon the land then indeed so much of the pound per  annum devise as be freehold may be take towards satisfaction because otherwise  the testator will will be disappoint though suppose there be asset to pay all  the bind debt and likewise the charge lie by the will upon the land which be  afterward admit in such case the pound per annum shall be enjoy as a bounty  and benevolence vide   Vernon case and also that of Laurence versus Laurence  vern as to the objection that the heir or the executor of the testator ought  to have their election either to settle land or pay the money the husband it  be true have this election in he which be to continue four month after the  marriage but he die within the four month though the time expire afterward yet  where upon the death of the testator matter be for some time in confusion  nothing be more usual than for the court to enlarge the time vide ante or to  relieve against any lapse thereof wherefore let the husband executor pay the  incur profit of the pound per annum from the death of the husband to the wife  and settle upon her the pound per annum they not be bind to pay the pound to  her but the pound per annum devise shall not be take as part of the pound per  annum agree to be settle Reg lib a fol and affirm on appeal to the Lord  chancellor pasch Reg lib a fol peer William er p Cranmer be case salk hook v  grove Eq can ab pl and bro p c and Edward bro p c S c chaplin v chaplin post  vol Bellasis v uthwait atk Barret v Beckford ves Broughton v errington bro PC  and Edward grave v earl of Salisbury bro c c so the thing substitute must be  equal certain and advantageous with the thing due or contract for Atkinson v  web vern master v master ante vol Crompton v sale ante Bellasis v uthwait atk  Nicholls v Judson atk Graham v Graham ves clark v jewel atk Middleton v prior  Amb Haynes v mico bro c c Jeacock v falkener bro c c S c Cox Devese v pontet  at the roll Nov that and that pre Charles n Finchs edit Cox see also  Richardson v Elphinstone Ves jun garthshore v Chalie Ves Bengough v walker Ves  monk v Lord monk I ba be goldsmid v goldsmid swan