chancery report knight contra atkins James f marriage agreement to have money  lie out in land for a jointure to such use the remainder to the use of the  right heir of the husband the money be not lie out the husband die without  issue the money decree to the plaintiff be right heir that the plaintiff be  brother and heir as well of John as Benjamin knight and also executor of the  say Benjamin and the say John knight be seize of a plantation in barbados of  pound per annum by his will declare his debt to be pay and give several legacy  and make his brother Benjamin sole executor and give he the residue of all his  real and personal estate and the say Benjamin prove the will and afterward a  treaty of marriage be between the say Benjamin and sir Jonathan atkins on  behalf of Frances the daughter of sir Jonathan upon which treaty it be agree  that sir Jonathan shall give the say Benjamin pound as a portion with the say  Frances and for a jointure in case Frances survive Benjamin be to add pound  and the say sum to be lie out in a purchase of land to be settle upon Benjamin  and Frances for life and for a jointure for Frances in lieu of her dower and  after their decease to the issue between they and for want of such issue to  the right heir of the say Benjamin and until such purchase the say respective  sum of pound to be pay into the chancery report hand of the feoff and the  increase thereof to the use aforesaid but in regard such a purchase can not be  speedy find out sir Jonathan and Benjamin become mutual bind to each other by  bind of pound penalty with condition recite that there be sudden a marriage to  he have between the say Benjamin and Frances and for settle a future  maintenance upon Frances in case she survive and upon the issue between they  if therefore sir Jonathan his heir executor c shall pay as a marriage portion  with the say Frances into the hand of two feoff to be joint appoint between  they pound which with the like sum to be pay by Benjamin be to be lie out upon  good security real or personal and the increase thereof for the use aforesaid  and in case the whole be not provide within a short time then so much as  either party shall deposit and the remainder with all convenient speed then  the say bind to be void that such provision be sufficient and in full of any  dower the say Frances may have to Benjamin estate that no feoff be appoint the  pound still remain at interest in sir Jonathan hand and the say Benjamin for  payment as well of his own as his brother John debt and legacy and to chancery  report oblige his real and personal estate for performance of the marriage  agreement do by deed in convey unto trustee all his plantation house c upon  trust to himself for life and after his death to satisfy the say bind of pound  for payment of pound to sir Jonathan for the future maintenance of the say  Frances accord to the say marriage agreement and in full of dower and to do  all thing accord as he by his last will shall direct that the say Benjamin by  will Dec therein recite the condition of the say bind give his wife pound  unpay of sir Jonathan bind and his trustee to pay pound with pound he have  receive of sir Jonathan in part of his wife be portion which sum make in all  pound and be to be lie out in a purchase of land to be settle to the use  aforesaid and make Hulkot and foul executor in trust to manage for the  plaintiff who he make his sole executor who afterward t ok upon he the  execution of the say will and claim the say pound to be lie out in land to be  settle accord to the say marriage agreement which be in case Benjamin die  without issue the say land so to be settle be to come to Benjamin right heir  and the plaintiff be institute as heir and executor of Benjamin chancery  report the defendant pierce confess the marriage agreement and bind as in the  bill and that the marriage between the say Henry and Frances take effect and  the say Benjamin be since dead and that since his death the say defendant  pierce have marry the say Frances and be thereby entitle to the benefit of the  bind enter Le into by the say Benjamin to sir Jonathan and the money due  thereon and to the three part of Benjamin land the plaintiff insist that the  say Frances die without issue the money in sir John atkins hand ought now to  be pay to the plaintiff this court upon read the say bind and condition and  the deed and will chancery report er p of Benjamin declare that by the  marriage agreement and condition of the bind it be very clear that the say  Frances have no issue by the say Benjamin can only have a estate for life or  the interest of the money for her maintenance and that the plaintiff be well  entitle to have the say pound pay the defendant pierce interest for the pound  which the say Benjamin the plaintiff testator be bind to layout and decree  accord