a for the advancement of plaintiff a young son in marriage enter into article  with b the lady be father b covenant to settle land free from encumbrance  accord to the usual limitation in marriage Settlements and in consideration  thereof a covenant to settle land by name of the value of pound per Ann but  with a life or two upon they upon trustee to like use but with these word that  in such settlement there shall be covenant that he be seize in fee have good  right to convey and that the trustee shall enjoy free from encumbrance these  land be charge by a s own marriage settlement with pound to be pay to such  daughter or daughter as shall be live at a s decease and not provide for on a  bill to have a specific performance of these article by a s pay off or give  collateral security against this contingent portion of pound he have then one  daughter about sixteen year old Lord Chan hold that here be not any covenant  that the land be free from encumbrance but only a covenant that a will in the  settlement which be after to be execute covenant for that purpose so that the  party seem to be satisfy with a bare covenant only and the article be only a  covenant to covenant that insert that covenant in the deed of settlement  equity case abridge be a specific performance of those article and be all that  a agree to do or that the plaintiff by his bill desire to have do his lordship  say that notice or no notice of this encumbrance be very material for first if  between the execute the article and the seal the deed of settlement the party  have no notice of this encumbrance then this encumbrance shall be discharge  even before execute the equity case abridge er p deed of settlement not only  upon account of the fraud in conceal such encumbrance but also because it will  be needless to enter into a covenant already know to be break but second  against all other encumbrance discover after the execution of the deed of  settlement there be the party covenant only but where notice be give of a  encumbrance before execute the article it be a strong case than the last for  you consent to accept the party covenant against a encumbrance you be aware of  and when you have choose your method of security yourself equity will give no  other nor make the party do a further Act than by the article he have agree to  do and the rather in this case for that the portion be not a certain  encumbrance but a contingent one and therefore it be reasonable to suppose  that a will not be compel to charge his remain estate at all hazard to secure  against a encumbrance that be but contingent to the prejudice of his old son  especial when he have provide for the young son so plentiful decree that a  shall execute a deed of settlement with covenant accord to the article but  because the estate be subject to a present charge videlicet to the payment of  a yearly sum for the daughter be maintenance from her birth therefore decree  that a shall pay and discharge all arrear of that and the grow annuity as it  shall arise take acquittance from his daughter and leave they with the  plaintiff for his security Trin Ann anon m S Rep pale yellow Eq Rep Trin Ann  vane and his father Lord Barnard SC and p say Lord Chan observe that the  covenant in the deed of settlement be not to be that the estate be free from  encumbrance but that the trustee shall enjoy free from encumbrance which so  long as they do the covenant be not break the reporter p say it appear that in  the article notice be take of a s lady be jointure in these very land which  necessary lead to the deed whereby that jointure be make and in that deed  there be this portion charge upon the land and whatever be contain in a deed  to which any other necessary lead you you be presume to know which be allow  per Lord Chan without a word more quod admire it seem the portion be  contingent and not certain be the reason of the first part of the decree  because it be plain by the latter part of the decree where the encumbrance be  certain videlicet the payment of a yearly sum a be decree immediate to  discharge it though by the article he do but covenant to covenant and there be  no other difference between these two matter pale yellow Eq Rep