brown case William glegg and another appellant juliana glegg widow and other  respondent that may Mews dig viii where in marriage article the land agree to  be limit in jointure be express to be of the yearly value of pound and  afterward prove deficient this amount to a agreement that they be of that  value and be a sufficient foundation for make up the deficiency decree of the  master of the roll reverse with direction thus state in viner and Eq  Ab Marriage article recite that land covenant to be settle be pound per annum  but there be no express covenant that they be so yet decree that deficiency  shall be make up out of other land ms Tab viner vol p can Eq ab can by a  settlement date the that of July car two between Edward glegg and Judith his  wife and William afterward sir William glegg their son of the first part sir  Robert cotton and other trustee of the second part and sir Thomas Mainwaring  and John Lacon Esq of the three part in consideration of a marriage have  between the say William glegg and Elizabeth his wife and in performance of  article make before the marriage it be agree that common recovery shall be  suffer of all the premise therein mention the use whereof be declare to be As  to the premise in the city of Chester or the liberty thereof to the use of  William glegg and Elizabeth his wife and the survivor for life in part of  Elizabeth jointure and as to HousePensby cum reach in trust that William glegg  and Elizabeth and the survivor of they in full of Elizabeth jointure and in  brown er p bar of her dower shall receive thereout the yearly rend of pound  with a power of distress and as to part of Gayton demesne in trust that the  say Judith if she survive Edward glegg her husband shall receive thereout  pound per and for her jointure and in bar of her dower with a power of  distress and as to HousePensby subject to the say rend and power of distress  and all the rest of the premise whereof no use be before limit except  Elizabeth jointure to the use of Edward glegg for life sans waste remainder to  William glegg for life sans waste then to Mainwaring and Lacon for year  remainder to trustee and their heir to preserve contingent remainder remainder  to the use of the first and every other son of the say William and Elizabeth  glegg in tail general remainder to Edward glegg and the heir male of his body  remainder to the right heir of Edward glegg in fee with a power for William  glegg if he shall have two or more issue male by Elizabeth his wife that shall  survive he to charge any part of the premise except the land charge with the  several rentcharge and the jointureland limit to Elizabeth with a annuity not  exceed pound per and to the second son if but one but if two or more young son  with any sum not exceed pound apiece per and with brown power of distress and  the trust of the term of year be that if William glegg have two or more  daughter to raise out of the rend issue and profit pound to be equal divide  among they Payable at eighteen or marriage with maintenance in the mean time  after the death of Elizabeth William glegg have two son Robert and the  appellant William and three daughter Elizabeth mary and the appellant grace  the two first receive their share of the pound but grace do not receive she be  pound S d and there become due to her pound and upward for principal and  interest of this portion by marriage article date the that of August between  the say Robert glegg of the first part the respondent Juliana of the second  part sir Richard Newdigate Bart her brother and the respondent William Stevens  and the appellant William of the three part recite a marriage intend between  Robert glegg and Juliana and that she be entitle to pound portion whereof  Robert glegg be to have pound and Juliana the remain pound for her own use in  consideration thereof Robert glegg covenant with sir Richard Newdigate and the  respondent Stevens and the appellant William in nine month by such conveyance  as the counsel of sir Richard shall advice to convey to he and Stevens and  their heir or such other person as shall be think meet the manor of Gayton and  all his land etcetera in Gayton the manor of Pensby with its right etcetera  and all his land in Chester and flint except lady Gleggs jointure to the  follow use videlicet that the appellant William shall have a rentcharge of  pound per and for life tax free out of all the premise not limit in jointure  to the respondent Juliana Payable at ladyday and Michaelmas with a power of  distress and as to all the rest of the say manor land etcetera to the use of  Robert glegg for life sans waste remainder to trustee to preserve contingent  remainder and after his decease as to the manor of Pensby and a farm in Gayton  which be therein mention to be of the yearly value of pound to the use of the  respondent Juliana for her life for her jointure and in bar of her dower and  also to the intent that a competent part of the premise not limit in jointure  to the respondent Juliana shall be limit to trustee for year to commence from  Robert Gleggs death on trust to raise pound for portion for the daughter of  that marriage with such maintenance as shall be think fit remainder to the  first and every other son of Robert glegg in tail male remainder to Robert  glegg and the heir male of his body remainder to the appellant William glegg  and the heir male of his body remainder to the right heir of Robert glegg in  fee with a power to lease any part of the premise for twentyone year at the  then rend and a covenant that the premise be free from encumbrance except lady  Gleggs jointure the pound per and to the appellant William for life and the  pound for Robert Gleggs sister portion with brown other usual covenant and it  be thereby agree that it shall be lawful by any write under the hand and seal  of Robert glegg Juliana sir Richard Newdigate Stevens and William glegg and  not otherwise brown er p to make any addition or alteration in the say  marriage settlement as they shall think fit the marriage be afterward have and  by deed of lease and release date the that and that of July between Robert  glegg and the respondent Juliana of the first part John glegg and Richard  Cottingham of the second part and sir Richard Newdigate and William Stevens of  the three part after recite the article it be agree that Robert glegg and  Juliana shall levy several fine to John glegg and Cottingham of all the  premise in Cheshire and flint to make they tenant to the precipe for suffer  several common recovery the use whereof be thereby declare as follow videlicet  as to the manor of Mollington and Gayton with their right etcetera Richardson  fair except and all the message land etcetera of Robert glegg in the county of  Chester and flint to the use of Robert glegg for life sans waste remainder to  Newdigate and Stevens their executor etcetera for year and as for the manor of  Pensby with its right etcetera and Richardson farm with their appurtenance to  the use of Robert and Juliana for their life and the life of the survivor of  they for Juliana jointure and as to the premise in Handbridge or elsewhere in  the city of Chester and all the residue of the premise whereof no use be  before declare to Robert for life remainder of the whole to trustee to  preserve contingent remainder remainder to the first and every other son of  Robert glegg in tail male remainder to the heir male of his body remainder to  the right heir of Robert glegg in fee the trust of the year term be declare to  be that in case there shall be one or more daughter or daughter of the  marriage at the decease of Robert by sale or mortgage or by the rend till sale  to raise portion for such daughter or daughter videlicet if but one pound to  be pay her at the age of twentyone or marriage if two or more then pound to be  equal divide between they at the age of twentyone or marriage and in case any  such daughter or daughter shall die before her or their portion or portion  shall be Payable then the portion of her or they so die shall be pay unto and  be equal divide among the survivor or survivor when the original portion or  portion of such survive daughter or daughter shall become Payable and in trust  out of the rend and profit in the mean time until such daughter portion shall  become Payable to raise and pay such yearly sum or sum for the maintenance of  such daughter and daughter as Newdigate and Stevens shall judge convenient not  exceed the interest of their respective portion at pound per cent in December  Robert glegg die leave issue one son name Edward who die on the that of march  and two daughter Juliana who die on the that of April and the respondent mary  brown in December the respondent Juliana and her daughter mary file their bill  against the appellant William and grace and the trustee state the above  article and settlement and pray to have a recompense or satisfaction out of  that part of the estate of Robert glegg settle on the appellant William for  the deficiency of her jointure which as she allege be but pound per and and to  have the same make up to her pound per and and also to have pound per and  raise for the maintenance of the respondent mary till her portion of pound  shall become Payable who be then about fourteen year of age the trustee have  make a appointment for that purpose the appellant William by his answer insist  that he be a entire stranger to the value of the land agree by the article to  be limit to the respondent Juliana for her jointure and though these land may  be give in as of the value of pound per and yet the article do not amount to a  covenant to make up the same pound per and that the respondent Juliana have  before the execution of the article inquire by her agent into the value of the  land intend to be limit to her for jointure and though the settlement make  pursuant to those article be not make till several year after the marriage and  no other land be thereby limit for her jointure but what be mention in the  article yet no notice be take in the settlement of any particular value these  land be to be of nor be there any covenant that they shall be of the value of  pound per and and that therefore he be not oblige to make up the land to be  pound per and and the appellant William likewise insist that by the article  there be no express brown er p mention of what sum be to be pay for the  maintenance of the respondent mary nor who shall settle the quantum and that  pound per and be sufficient and the appellant grace insist that the money due  to her for her portion by virtue of her father settlement and thereby charge  upon the estate ought to be pay issue be join and diverse witness examine the  cause come on to be hear before his honour the master of the roll on the that  of June who be please to declare that the article import a agreement to settle  land of pound value per and in jointure on the respondent Juliana and that the  particular land limit to her be give in of that yearly value and that the  appellant William be a party to and transact that agreement ought to be bind  thereby and that the whole estate of Robert glegg decease be liable to make  good the say jointure and therefore decree that it shall be refer to a master  to examine what be the yearly value of the land mention in the jointure deed  and to set apart so much more land as will make they up pound per and and that  the appellant William glegg shall execute proper conveyance to settle such  land on the respondent Juliana for life for her jointure and that the master  shall examine what the land settle on the respondent Juliana have fall short  of pound per and and that brown the appellant William glegg shall account for  what he or any person for his use have receive of the rend and profit of the  other land since the death of Edward glegg the son for discovery whereof the  usual direction be give and it be further order that the appellant William  shall out of what upon the say account shall appear to be in his hand pay to  Juliana what the land settle on her in jointure fall short of pound per and  and if what shall appear to be in his hand shall not be sufficient to pay the  respondent Juliana what the land settle on her have fall short of pound per  and then the master shall compute what be due for the appellant grace portion  and interest and tax her cost and on the respondent Juliana pay the appellant  grace what shall be certify due for her portion interest and cost the say  respondent Juliana be to hold over the estate until she shall be repay with  interest for the same together with the arrear of her jointure and as to the  respondent mary the court declare that the trustee have a power to appoint  what they think fit not exceed the interest of the pound portion at pound per  cent for her maintenance and they have appoint pound per and his honour order  the same to be pay until her portion become Payable and then she be to be at  liberty to apply to have it raise and if the pound per and shall not be duly  pay then the respondent mary and Juliana be to be at liberty to apply to the  court to have a receiver appoint and the master be to examine what be fit to  be allow the respondent Juliana for the maintenance of mary for the time pass  and to come and to state the same to the court for further direction and after  deduction of what shall be allow for the respondent mary maintenance the pound  per and be to be place out at interest for the benefit of the respondent mary  till she attain twentyone and then the same be to be pay her and it be further  order that the respondent Juliana and mary shall pay the trustee their cost to  be tax and that the appellant William shall pay the respondent Juliana and  mary their cost to be tax together with such cost as they shall pay the  trustee from this decree the present appeal be bring and on behalf of the  appellant William it be contend p York W Hamilton that he ought not to have be  decree to make good the jointure pound per and as there be no covenant for  that purpose either in the marriage article or settlement although the land  intend to be settle for the jointure be particular mention in both that the  appellant William ought not to have be decree to pay pound for the respondent  mary maintenance from the death of Edward glegg her brother she be then but  year of age and entitle only to a portion of pound as her sister Juliana be  then live and though the trustee do make a appointment for this purpose yet  they have no such power by the article nor be the appellant William any party  to the settlement make after the marriage that he be decree to account for the  whole profit brown of the estate receive since the death of Edward glegg and  pay the same to the respondent Juliana to make up the deficiency of her brown  er p jointure land although the same be also liable to the demand of the  appellant grace for her portion and interest and to the appellant William  annuity of pound per and which be except both in the article and settlement as  a encumbrance on the estate the appellant grace conceive herself to be  aggrieve by the decree because there be no absolute direction that she shall  be pay her principal interest and cost in a reasonable time and also because  her demand be postpone to those of the respondent Juliana and mary although  she claim under a prior settlement on the other side it be insist c Talbot t  Lutwyche that the respondent Juliana be a purchaser for a valuable  consideration of her jointureland and it be express in the article that the  land thereby covenant to be limit in jointure be pound per and that amount to  a agreement that they be of that value and be a sufficient foundation for make  they up pound per and out of Robert Gleggs real estate especial as against the  appellant William who be a party to and execute the article and be concern in  the treaty and transaction touch the settlement and by mean of those article  become entitle to the estate of Robert glegg without any consideration move  from he subject to the jointure and to the maintenance and portion of the  respondent mary that upon the treaty for the marriage and previous to the  execution of the article it be insist upon that the portion of the daughter on  failure of issue male shall be the amount of the mother fortune as in such  case be usual but the respondent Juliana give way so that only pound be limit  there be however both by the article and settlement a discretionary power in  the trustee to appoint maintenance not exceed pound per cent per and for the  pound portion they on consider all the circumstance of the case and that the  respondent mary be heir at law to Robert glegg and will have be entitle to the  inheritance of the estate if the same have not be voluntary settle by he upon  the appellant appoint the full interest of the portion for her maintenance and  as such appointment be reasonable and the trustee have not exceed their power  therein the direction of the decree touch this maintenance be very agreeable  to equity and justice as to the appellant grace it be apprehend that she have  no cause to complain of the decree for whatever demand she shall appear to  have on the estate of Robert glegg she be to be pay the same with interest and  cost by the respondent Juliana upon assign heir interest therein it be  therefore hope that the decree will be affirm and the appeal dismiss with cost  but after hear counsel on this appeal it be order and adjudge that the decree  complain of so far as it concern the appellant or either of they shall be  reverse and then the follow direction be give and it be further brown order  that it be and be hereby refer to Mr Thurston one of the master of the court  of chancery in the decree name to examine what be the yearly value of the land  by the marriagearticle agree to be settle and afterward by the settlement make  in pursuance thereof actual settle upon the respondent Juliana one of the  plaintiff in the cause for her jointure and to allot and set apart so much of  the other land in the say article and settlement comprise as together with the  say land already settle will make up a estate of pound per and accord to the  intention of the say article and that the appellant William glegg one of the  defendant in the court below do execute proper conveyance by recovery and  otherwise as the master shall direct to settle such land so to be allot on the  say plaintiff Juliana for her life for her jointure free from all encumbrance  by he the say William glegg and it be further order that the say master do  examine how much the plaintiff Juliana have be damnified from the death of  Edward glegg her son by reason of her jointure not be pound per and and that  the same together with what she shall be further damnified before such  settlement hereby order for make up her jointure as aforesaid shall be perfect  be make good to the say Juliana out of the other land in the say article and  settlement comprise and not settle upon her and out of the rend and profit  thereof from the time of the bill exhibit and it be further order that the say  defendant William glegg do come to a account before the say master for what he  or any other person for his use have receive by and out of the rend and profit  of the say other land since the time of the bill file for brown er p the  better discovery whereof the say defendant be upon oath to produce before the  say master all the book of account paper and write which he have in his  custody or power relate thereto and be to be examine on interrogatory as the  say master shall direct and in take of the say account the say master be to  make unto the say defendant all just allowance and the say William glegg shall  likewise come to a account before the say master for what he or any other  person for his use have receive from the say Robert glegg decease or his order  in part or upon account of the money for which he contract accord to the  confession in his answer to sell his annuity of pound per and in the article  mention to the say Robert for the better discovery whereof he the say William  glegg be to be examine upon interrogatory as the say master shall direct and  in case any part of the price of such annuity still remain due and unpay the  say William glegg be to be allow the same upon the say account out of the  profit so as aforesaid by he receive and it be further order that the  defendant William glegg out of what shall appear to be in his hand upon the  say account after just allowance make and deduction of what remain due to the  say William glegg for the sale brown of his say annuity as aforesaid do and  shall pay unto the say plaintiff Juliana what she have be or shall as  aforesaid be damnified by the deficiency of her jointure of pound per and and  in case what shall appear to be in his hand as aforesaid shall not be  sufficient to pay to the plaintiff Juliana what be decree to be pay her for  the say deficiency as aforesaid then the master be forthwith to compute what  be due to the appellant grace glegg one other of the defendant for her portion  and interest and be to tax her cost of this suit and appoint a time and place  for payment of the same and upon the plaintiff Juliana pay unto the defendant  grace glegg what the say master shall certify to be due far her portion  interest and cost as aforesaid the plaintiff be to hold over the say estate  and have the benefit of the term for secure the say grace portion until she  shall be repay what she shall so pay to the defendant grace with interest for  the same to be compute by the say master together with what shall remain  unsatisfy for the arrear of her jointure as aforesaid but in case the say  Juliana shall not think fit to proceed in take the account of what be due to  the say grace as aforesaid or do not pay what shall be certify to be due to  the say grace at the time and place appoint by the say master then and in  either of the say case the plaintiff bill as against the say defendant grace  glegg shall from the time of such default stand absolute dismiss out of the  say court of chancery with cost to be tax by the say master and pay by the say  plaintiff Juliana to the say defendant grace and as to the respondent mary  glegg another of the plaintiff in the original bill it be further order and  decree that the sum of pound per and and no more be allow and pay for her  maintenance accord to the say article and settlement until her portion shall  become due and the same with the arrear thereof shall be pay to the hand of  the plaintiff Juliana for that purpose so long as she shall continue to  maintain and provide for the say mary or until the court of chancery shall  otherwise order and in case the same shall not be duly pay the plaintiff be to  be at liberty to apply to the court of chancery to have a receiver appoint of  the say estate or such other method take as shall be just and if any order  have be already make for such receiver the say order so far as concern the  raise the say sum of pound per and and no more be to stand until the court of  chancery shall otherwise order and it be further order that the plaintiff do  pay unto the defendant William Stevens one of the trustee and unto the  representative of the other defendant sir Richard Newdigate decease another  trustee their cost of the say suit in the court of chancery to be tax by the  say master and that the defendant William glegg do pay unto the plaintiff  their cost of the say suit in the court of chancery to be tax by the say brown  master together with such cost as they shall pay to the trustee as aforesaid  and it be further order that the court of chancery do cause this order and  judgement to be duly put in execution accord to the intent thereof in every  particular jour vol p brown 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