ambler case lady Londonderry against wain and his wife power to settle on wife  land not exceed pound ayear on marriage he covenant to settle pound ayear  clear of tax and reprizes a settlement be afterward make of land with covenant  that if they shall fall short of pound ayear he will make up the deficiency  hold that the settlement be intend as a execution of the power and the make it  a clear pound ayear be a mistake l lib Reg a foe S c Eden that that and that  Feb Robert Graham by will devise his estate in Southwarmborouqh and Crunsdell  in the county of Southampton subject to a annuity of pound to lieu old son  Robert for life with remainder to his first and other son in tail male with  remainder to the testator I second and three son and their issue male in the  same manner with remainder in fee to his own right heir with a power for his  son when in possession either before or after marriage to make a jointure of  any part of the estate not exceed the yearly value of pound Robert the old son  by article previous to his marriage with the plaintiff covenant for himself  his heir and executor within six month after the marriage to convey land and  tenement of inheritance c in possession in the manor of Southwarmborough and  Crunsdell of the yearly value of pound clear of tax and reprize on himself for  life remainder to the plaintiff for life with remainder to the issue male of  the marriage the marriage be bad and on the d June Robert Graham the husband  execute a settlement which recite the will of his father and the article and  be express to be in pursuance of the article by which he convey certain farm  in Southwarmborough and Crunsdell which be express to be of the yearly value  of and also a pension of pound ayear Payable out of a rectory out of which the  settlement take notice be allow pound ayear to the tenant for boot which  reduce the settlement within the power there be also a covenant in the  settlement that if the premise by mean of the annuity of pound Payable to his  mother and which be a charge on all the estate or by any lawful eviction or  encumbrance shall fall short of the yearly value of pound such deficiency  shall be make up out of the other estate by virtue of his power Graham the  husband die without issue in leave mrs wain his niece and heir at law have  devise his ambler estate to her for life remainder to her first and other son  with remainder over to his sister the defendant mary Graham and her issue in  like manner in wain and wife bring a bill for a account and application of the  real and personal estate of Robert Graham the plaintiff put in her answer and  insist on her jointure but do not either by her answer or at the hear pretend  that the estate settle be deficient in a decree be pronounce and a account  direct and the surplus rend of the real estate be direct to be pay to wain and  wife in just as the master be ready to make his report the plaintiff set up a  claim on account of a deficiency in the settle estate but there be no  direction relative to it in the decree the master disallow the claim and the  plaintiff take exception to the report which on hear be overrule but without  prejudice to ambler er p any claim she may have on account of the deficiency  and now she bring her bill to have the deficiency make good accord to the  article two question be make saint what the plaintiff be entitle to by way of  jointure d whether there be any deficiency for the plaintiff it be insist that  by the article she be entitle to land of the yearly value of pound clear of  tax and reprizes and notwithstanding Graham have a power to settle only pound  ayear not clear of tax and reprizes yet his covenant will affect his real  asset and ought to be make good out of the reversionary interest which by the  death of he and his brother without issue be come into possession and pass by  his will it be also insist that the settlement can prevail against the article  it be make after marriage and the plaintiff be then sub potestate man beside  the settlement be recite be in pursuance of the article ambler on the other  side it be argue for the defendant that the article be intend to be a  execution of the power and though the power be not recite in they yet it must  be suppose that the will of Graham the father be see upon the occasion that  every part of the article import it land in Southwarmborough and Crunsdell be  covenant to be settle the limitation in the article be exact the same as in  the will there be no provision for daughter in either that it be not a  covenant to settle land general in which case the real asset will be affect  see Vernon v Vernon ante p and note there but it be to settle particular land  such as he be empower to do by his father will and therefore the reversionary  interest which afterward fall in ought not to be liable to make good her  jointure beyond the extent of the power that the insert the word clear of tax  and reprizes be a mistake that the settlement which vary from the article by  settle only pound ayear be not to be consider as proceed on a new agreement  but as rectify the mistake in the article and therefore be consistent with the  true construction of the article and in that light may be consider as make in  pursuance of they but that on the foot of a new agreement the settlement ought  to prevail for the plaintiff be adult and though under coverture yet she be in  some respect Himself law by have reserve a great part of her own estate to her  separate use and consent to the settlement by the advice and with the  assistance of her trustee one of which be Mr blithman her solicitor who be a  person of reputation in his profession and have be employ as solicitor by the  family for many year as to the d question Lord chancellor early in else debate  declare he will not judge of the deficiency but will send it to a master and  therefore little be say on this question except that the counsel for the  plaintiff insist that the value of the estate ought to be take as at the death  of Graham the husband and not at the time of the settlement but the counsel  for the defendant do not say much in contradiction to it because it be think  to be quite as advantageous in this case to take the value at the death of  Graham as at the time of the settlement lady tyrconnel v duke of Ancaster ante  p marchioness of Blandford v duchess of marlbro ambler Lord Henley chancellor  I be of opinion that the article be enter into in execution of the power and  be make with a privity of the father win the insert the word clear of tax and  reprizes be a mistake the person concern imagine that the word of the power be  to be so understand these sort of power in general do not free the jointure  from public tax but it be not right understand at that time as to the  settlement the plaintiff have contract for her separate use be to be consider  as a feme sole and capable of contract notwithstanding she be under coverture  especial with the advice of her trustee one of which be Mr blithman a eminent  solicitor the settlement in every part of it import a intention to settle a  jointure accord to the extent of the power the covenant do strong so and the  land and pension settle be express say to be pound ayear of opinion it be not  Mr Graham intention to covenant be and the power in his father S will Q upon  the inquiry I be of opinion that where there be a settlement the value can be  fix with justice but at the time of the husband death the wife can know the  value but by inspection of lease or by information if the estate be in hand  the rend take at a particular time and under a particular let ought not to  bind the wife the rend of a estate be very uncertain it often vary the  landlord be often oblige to give boon where he have be at a expense of improve  it be ambler er p common for the tenant instead of pay a sum of money for the  improvement to pay a increase of rend ambler refer it to the master to see  whether the land and pension comprise in the settlement at Mr Graham death be  worth to be let the yearly value of pound allow thereout all public tax  savable by the landlord and in case they be deficient to state the quantum of  such deficiency see Sugdenon power Harvey Harvey atk Lord Tyrconnell v duke of  Ancaster ante roper husband and wife Hodgworth v Crawley atk as to the meaning  of the word reprize see in marchioness of Blandford v duchess of Marlborough  atk the word of the covenant as state in the bill be that all the say premise  thereby grant then be and shall be hold and enjoy by the say count during her  life if she survive the say b Graham free from all encumbrance except the say  annuity of pound and then after covenant that the say annuity shall be receive  out of other part of the land and further that in case the say hereditament  shall by reason of the say annuity or by any lawful eviction or encumbrance  fall short of the yearly rend or sum of pound then and in that case and from  thenceforth such deficiency shall be make up and supply to the plaintiff  during her life by other message and tenement which by virtue of the say will  and the power therein contain may by say r Graham be limit in jointure lib Reg  Lord tyrconnel v duke of Ancaster in chancery that July ante p speak v speak  vern pinnell and Hallett ante p that the value of land settle in jointure be  to be take as at the time of the settlement and not at the death of the  husband see Vernon v Vernon ante p marchioness Blandford v duchess marlbro atk  Pinnel v Hullet ante see roper husband and wife Vol where with the view of  reconcile the decision in this case with that in the case mention in the above  note it be observe that the covenant differ from that in those case inasmuch  as the covenant here be prospective videlicet if the premise that have be  settle shall fall short c which show the settlors meaning that the value be  not to be irrevocable fix by the settlement contain such a covenant in  addition to the above observation it be to be remark that it appear from the  registrar book that the husband during his life take down one of the farm  house and enclose part of the farm into his park and that he thereby great  lessen the yearly value of the farm