case countess dowager of Coventry versus William earl of Coventry and sir  William carey ux pale yellow Chan pale yellow Eq Rep Eq can ab Eq a ab pl pl  pl Mod stram Max in Eq last case Mod Com Rep tenant for life with power to  make a jointure remainder over tenant for life covenant to make a jointure to  a wife in consideration of a marriage by virtue of his power or otherwise of  pound per and and die before make the jointure equity will make it good the  countess dowager of Coventry bill be for a specific performance of article  make on the marriage of Gilbert late earl of Coventry with the plaintiff the  countess dowager by which article Gilbert late earl of Coventry who be but  tenant for life with remainder to his first c son in tail male remainder to  the defendant William now earl of Coventry covenant to make a jointure of  pound per annum upon his lady the plaintiff pursuant to a power give he by his  father will the case be thus Thomas earl of Coventry be seize in fee of  diverse manor and land of about pound per annum and have issue Thomas Lord  Deerhurst his old son and Gilbert his second son by his will date march devise  diverse manor c unto his old son the Lord Deerhurst for life remainder to his  first c son in tail male remainder to Gilbert his second son for life  remainder to his peer William first c son in tail male remainder to the  defendant William Coventry for life remainder to his first c son in tail male  remainder over with a power give to any of the devisees for life when seize by  any write to settle any part of the premise not exceed pound per annum upon  any wife which they shall respective marry for her jointure so as such wife  bring a portion equivalent to such jointure the testator earl Thomas die have  survive Lord Deerhurst who leave a infant son afterward earl of Coventry but  he die a infant and without issue the honour and estate come to Gilbert the  second son Gilbert earl of Coventry on his marriage with the plaintiff whether  only daughter of sir Strensham master in consideration of the marriage and of  pound marriage portion by article previous to the marriage date June covenant  with trustee at the request of sir Strensham master accord to the power give  to earl Gilbert by the say earl Thomas will or otherwise to settle land of the  value of pound per annum upon the say whether his then intend wife for life as  her jointure earl Gilbert also covenant that pound part of the say pound  portion shall be lie out in land and settle on the say whether for her life  and further that the heir and executor of the say earl Gilbert shall pay pound  per annum to the say whether for her life to commence after earl gilbert death  and this pound per annum to be settle pursuant to the power and the pound  covenant to be lie out in land and the pound per annum covenant to be pay be  to be in full of the plaintiff whether the countess of Coventry jointure peer  William er p peer William the marriage soon afterward take effect and earl  Gilbert be request by sir Strensham master to make a jointure of pound per  annum pursuant to the power do accord direct the jointure to be make and land  be set apart for that purpose of pound a year within the power and the draught  of the jointure be draw and engross but lie by for some time unexecuted after  which earl Gilbert die sudden at the bath without issue male and leave lady  whether Carey wife of sir William Carey his only daughter and residuary  legatee and the estate and honour come to the defendant the remainderman  William the present earl of Coventry on who behalf it be object saint that the  say earl the defendant claim by way of remainder do not derive any title under  earl Gilbert and therefore be not to be bind by his covenant dly that the  covenant for make this jointure of pound per annum be only that earl Gilbert  shall make this jointure by virtue of this power or otherwise so that as be  insist here be no specific lie on any of the land within the power but if earl  Gilbert have purchase land of pound per annum and have settle the same upon  his countess for her life this have be a performance of the covenant dly that  in this case the defendant the countess dowager be not without remedy and that  she ought to resort to the personal estate of earl Gilbert and sue her  covenant against the personal estate at least that the personal estate ought  first to be apply towards satisfaction of this covenant peer William this case  be speak to before Lord chancellor Macclesfield his lordship conceive that the  plaintiff the lady Coventry ought to be relieve she claim under a very  valuable consideration but whether against the remainderman or out of the  personal estate of earl Gilbert remain a question with his lordship and  therefore he desire to be attend with precedent and to have the assistance of  the judge accord the court be attend with precedent and the case speak to  before Lord chancellor master of the roll and the baron Gilbert and price when  it be urge on behalf of sir William Carey and his lady who be the only issue  executrix and residuary legatee of earl Gilbert that this jointure of pound  per annum ought to be make good out of the real estate of the late earl  Gilbert accord to the draft draw and engross by his lordship direction and  that the personal estate of earl Gilbert shall not to the total disappointment  of the will be apply towards satisfaction of the covenant the say personal  estate not be sufficient for this purpose and also for the payment of the  other debt of the testator that if the case have entire depend on earl gilbert  marriagearticle these article will alone in equity have make a good  appointment of the jointure also that if the article be out of the case yet  the draft of a jointure draw and engross by the direction of earl Gilbert  wherein the parcel amount to pound per annum be set out and express and the  say earl be take away by a sudden death these in a court of equity will have  amount to a good jointure peer William say si non to be one connected in space  to help then as to the power itself for make of this jointure it be create by  will the construction of which be always favour beyond any other conveyance  create by the will of he who be owner of the estate and for enable the several  branch of this noble family to make a jointure consequent to promote they in  marriage which be the only mean by which the family can be preserve and  continue that the defendant the present earl ought not to think much of this  power in regard the same will that create it do likewise create and limit his  remainder so that he as well as the jointress claim under the same will and  have there be no will or settlement earl Gilbert will have be seize in fee and  the plaintiff the countess will at least have have her dower and the defendant  the present earl will not have have the remainder but the same will have  descend to lady whether Carey the daughter and heir of earl Gilbert from who  the defendant the present earl be now endeavour to take the small surplus of  the personal estate and apply it towards make good the article of this  jointure and what make this still the hard be that earl Gilbert be tenant for  life without waste may have cut down three time the value of this jointure in  timber grow in the park and in other land belong to this estate peer William  that this power of make a jointure be raise by the owner of the estate and for  the continue of the family by marriage any word though ever so improper peer  William er p ever so unartful express yet if they will go so far as to show  the intention of the party if the court can from such word spell out the party  meaning and that he intend thereby to make a jointure this will be effectual  for that purpose but the case be much strong when such write be make for a  valuable consideration and sure it will be difficult to say what can be a more  valuable consideration than this be the consideration of marriage and a  marriage portion of pound that if any of the circumstance requisite by the  power shall be want where the jointure be make for a valuable consideration  yet equity will supply it as for instance if the jointure be make by a  deedpoll instead of a indenture if the deed be seal and not sign or if there  be but two witness instead of three it be admit that if there shall be a total  nonexecution of the power equity will not supply it it be against the nature  of a power when the party have reserve to himself a liberty of do or not do a  thing for a court of equity to construe the act as do when there be no  evidence of the intention of the party to do it but in the present case peer  William the intention of the party that this jointure shall take place  sufficient appear by earl gilbert direct the draft and the parcel and by the  draft be engross and his lordship be prevent only by sudden death from  complete it it be say to have be admit by the other side that if the late earl  Gilbert have covenant to settle a jointure of pound per annum pursuant to the  power upon the plaintiff whether for her life this have be good but the  covenant be that the say earl shall by virtue of the say power or otherwise  settle this jointure on his countess from hence it be object that this word  otherwise leave the matter at large leave the covenantor at liberty to settle  other land and therefore prevent this from be a specific lie upon this land  and spoil all but this be observe to be insult exhibition queen to destroy  woven fabric it be intend in favour of the jointress that one way or other she  shall in all event be sure of her jointure of pound per annum either by virtue  of the power or otherwise and it will be very hard that these word which be  design in her favour shall be construe to her disadvantage that the jointress  be in all event to have a jointure of pound per annum pound per annum by  virtue of the power pound per annum out of the land to be purchase with the  pound and pound per annum secure by virtue of the covenant and it will be very  unreasonable that the plaintiff the countess shall be deflated by the present  earl of her jointure which the late earl have a full power of make and for so  valuable a consideration have agree and intend to make peer William that  precedent have go further than the principal case as in the case of lady  Clifford versus Lord Burlington decree June by Lord keeper wright where Lord  Clifford who by his family settlement be tenant for life with power to make a  jointure not exceed pound per annum on his marriage with lady arethusa  Berkeley covenant to settle land in Ireland upon her of pound per annum and  accord after the marriage he settle part of the manor of in Ireland be part of  the premise within the power on his lady for life with a covenant that they be  of the yearly value of pound and afterward die but these land come out to be  but of the value of pound per annum on a bill bring by the widow there be land  of the value of pound per annum within the power it be decree that a  Commission shall be award to add land to those former settle so as to make up  pound per annum the next precedent be that of Holinshed versus Holinshed  decree the June Ann by the then Lord keeper and be as follow one Samuel  Mottershead by will devise land to the use of himself in tail remainder to  Francis Holinshed for life remainder to his first c son in tail male remainder  over with a power to the several tenant for life when in possession to make a  jointure so as such jointure do not exceed a moiety of the estate and by the  same will the testator give a legacy to this Francis Holinshed see as to this  case Colton v Hoskins Ven ab Jackson v Jackson bro c c Samuel Mottershead the  first tenant in tail die without issue and during the infancy of Francis  Holinshed there be a treaty for his marriage which be agree his mother peer  William and he the infant covenant with the wife relation peer William er p  that within six month after Francis coin of age he shall settle so much of the  land as shall amount to pound per annum upon his then intend wife for her life  the marriage take effect and they have issue a daughter and the husband  Francis die afterward without make the jointure the widow bring her bill  against the remainder man for make good the same in which case it be object be  that this covenant be make by a infant who can not covenant dly No land in  particular be covenant to be settle but only so much as shall amount to pound  per annum but decree by Lord keeper that this covenant be in equity a good  execution of the power wherefore a jointure of pound per annum ought to be  make good to the wife and that if a moiety of the premise which the husband  have a power to settle will not make up pound per annum the same shall be make  good out of the pound legacy give to Francis the husband by the will which  decree show that the land if it may be have be to be the fund but if the land  can not be have then and not otherwise satisfaction be to be make out of the  personal estate so in the case of Alford versus Alford decree Dec Ann by sir  John Trevor master of the roll see Jackson v Jackson bro c oh where one  Gregory Alford settle land on himself for life remainder to his wife for life  remainder to his first c son in tail male remainder to Francis Alford for life  remainder to his first c son in tail male successive remainder to Edward  Alford in like manner with power to Francis Alford after peer William the  death of Gregory Alford and whether his wife or any aftertaken wife of Gregory  to settle so much of the premise not exceed pound per annum in jointure to a  wife Francis Alford in the lifetime of Gregory covenant in consideration of  marriage to settle land of pound per annum upon his then intend wife and  afterward Gregory Alford and his wife die without issue and then Francis  Alford who give this covenant for a jointure die without issue whereby the  premise come to the remainderman Edward Alford and the widow of Francis Alford  have bring her bill against the remainderman to make good her jointure it be  decree on consider many precedent as it be there express that the covenant to  make this jointure be a good execution of the power and that the wife be well  entitle to this pound per annum and to all the arrear from her husband death  now that be the case of a remainderman as well as the present case but in all  other respect infinite strong in regard that at the time of the say Francis  alford covenant to make this jointure he have not the power vest in he it be  to commence after the death of Gregory and his wife without issue male and  Francis make this covenant in the lifetime of Gregory however Gregory and his  wife die without issue in the lifetime of Francis and his wife such covenant  be allow a good execution of the power in equity though it may be reckon a  sort of strain to call this a execution of the power before the very  commencement thereof peer William but it show how much these power and the  execution of they be favour when for a valuable consideration that these case  be all strong than the principal case and answer all the objection which have  be make it be true the covenant in the present case be not in all event to  settle any certain land but only to make a settlement of pound per annum of  land within the power or otherwise why so it be in the case before cite it be  to be admit that in the principal case the late earl Gilbert may have settle  other land of pound per annum and this have be a satisfaction but this be not  do it will be likewise admit on the other side that if the covenant have be to  settle any certain land within the power it have be good now in this case the  draft draw and engross by the direction of earl Gilbert reduce the land to a  certainty in which respect the principal case be strong than the case cite and  afterward the execution of this deed be prevent by the sudden death of earl  Gilbert beside the article make the plain difference betwixt the pound per  annum part of this intend jointure of pound per annum and this pound per annum  that can be pound per annum be to continue secure out of the personal estate  by the covenant but the pound per annum be intend to be secure out of the land  within the power unless the say earl have make some other jointure upon his  lady which he never do peer William er p peer William upon the whole matter if  any regard be to he have to the several valuable consideration on which the  covenant for the make this jointure be find if the intention or the agreement  of the party a agreement to do what be admit to be absolute in his power be to  be consider if any allowance to be make for the accident which happen and  prevent the execution of the engross deed which be to execute this power it be  conceive that the plaintiff the jointress ought to have her jointure make good  out of the land within the power and accord to the draft and that the small  surplus of earl gilbert personal estate ought to go as intend to his only  daughter who be also his executrix and residuary legatee accord it be so  decree may with the concurrence of the judge assistant videlicet that the  defendant the earl of Coventry shall during his life confirm and make good the  jointure note this distinction be take by the master of the roll sir Joseph  Jekyll in a solemn opinion give by he in the case of Tonkin versus Sandys  after the seal of Hillary term and vide to lift versus to lift post this case  be more full report at the end of maxim in equity and also in Str and Mod from  whence the judge appear to have give their opinion solemnly on two point first  that the act do by earl Gilbert have create a lie on the land in the  possession of the defendant and second that the defendant have no equity to  have those land exonerate out of the personal asset of earl GilbertOn the  first and principal point the reason be report very much at length and the  substance of they appear by the decree which declare that although the say  Gilbert earl of Coventry be but tenant for life of the estate yet by the say  will of Thomas earl of Coventry his father he have a power to settle a estate  for life of the yearly value of pound on such wife as shall bring a portion  equivalent to such settlement and the plaintiff have bring such portion be  purchaser for a valuable consideration and by virtue of the power the say earl  Gilbert have on the estate the article execute by he on his marriage with the  plaintiff be a lie thereon and the court further declare that the say deed of  July have be prepare and engross by the direction of the say earl Gilbert the  same ought to be take to be a specification of the land to be settle on the  plaintiff and the land therein mention ought to be bind thereby and by the  marriage article although the say deed of settlement be not actual sign and  seal by the say earl Gilbert and do therefore order that the say earl do  deliver to the plaintiff the possession of the land comprise in the deed of  appointment of July and that the plaintiff do hold and enjoy the same during  her life against the say defendant the earl of Coventry and the other  defendant though Coventry and Henry Coventry and all claim under they and that  the defendant the earl of Coventry do account for the rend and profit from the  death of earl Gilbert c Reg lib a fol on the second of the abovementioned  point I e the application of the personal estate vide Edward v freeman post  Evelyn v Evelyn post on the subject of supply defective execution of power see  to lift v to lift post and case there collect peer William de term S the  number three