anaud contra HANIWOOD marriage custom of London Benjamin Haniwood citizen c of  London have issue the plaintiff wife Sarah and the defendant his son and by  article covenant to advance and secure to his son pound to be lie out in land  which be to be settle on his say son for year if he live so long the remainder  to his wife who he be to marry for her life the remainder to his first second  c and other son in tail remainder to the heir of his son and give pound to his  daughter in marriage and after make a will in write subscribe by he wherein he  declare his daughter not full advance and by another latter will declare that  she be full advance and the former will be revoke die but the pound be pay and  the land buy and settle he leave other personal estate of pound the daughter  sue in chancery and the question be two first if the daughter be full advance  accord to the custom or no videlicet if the declaration of the father by will  subscribe and after revoke be sufficient to declare her not full advance for  such declaration by will be of no effect because the will be become void for  determine of which it be write to the city to certify and April it be certify  from the city that it be a sufficient declaration and so she be admit to come  in for a child part bring in the pound in hotchpot case in chancery the Cause  proceed to a hear a second question do arise videlicet if the son shall share  in the pound without that he bring in the pound in hotchpot for trial whereof  it be likewise refer to the court of alderman who make a special report  videlicet that the case appear to they to be that the testator in his lifetime  by article of agreement enter into before the defendant marriage covenant with  the defendant wife be father to advance and secure pound in the hand of  Colvill or such other as shall be agree on at interest in the defendant name  until land can be purchase therewith to be settle to the use of the defendant  for life and afterward to his wife for her jointure and then to their several  child successive and afterward to the right heir of the defendant and until  such purchase make the interest of the money be to be to the defendant for his  life then to his wife for life and afterward to those to who the remainder  shall have come in case the purchase have beenmade that the money be pay and  lie out in land in pursuance of and accord to the say article before the  defendant father be death and the question be thereupon whether accord to the  custom of the city the pound so pay and lie out pursuant to the say article be  a advancement to exclude tile defendant from any share of the orphanage part  of his father be personal estate without bring the pound into hotchpot and  they certify that a portion in money give by a freeman of London to his son  have ever be take for and towards the advancement of such son out of his  father be personal estate within the custom of the city also that land of  inheritance settle by the father on his son be no advancement of the son  within the custom to bar he of the customary part of a personal estate but  whether the pound advance and pay by the testator upon his son marriage  pursuant to the article for purchase of land to be settle upon his son and his  wife and to the other use therein mention be by the custom of the city a  advancement of the son to bar he of such his customary part they can determine  for that they have not know nor can find in any of case in chancery the record  of the city any precedent of the like case and therefore they submit the same  to the court and now the Cause be at hear on that certificate when the  plaintiff counsel have begin to argue that this money come only out of the  personal estate of the father and the father thereby lessen his personal  estate which else will have case in chancery er p fall to his child and  therefore no way like the case where the father part with his land to his son  and will have proceed to other reason that the custom of the city be the law  of the place and not tie to such strictness as private custom of will or place  be the Lord chancellor interpose and say that it be a clear case and hehad  know so in his time several time and that in this very case the mayor and  alderman be of that opinion and make some reflection as that the certificate  have not be fair obtain decree against the plaintiff that the defendant may  share in the pound without bring the into hotchpot