case Trevor against Trevor distinguish Cordwell v mackrill Ambl Eden refer to  Jones v Morgan bro c c Brennan v Fitzmaurice ir Eq r discuss and apply  Rochfort v Fitzmaurice dr war ir Eq r refer to in re Griers estate ir r Eq l r  h l trust marriage settlement S c Eq Abr S c Mod S c Peer wms S c Eq Abr S c  bro p c sir John Trevor do by marriage article oblige himself within two year  after his marriage to settle such and such land to the use of himself for life  then to the use of his wife for life and then to the use of the heir male of  that marriage and the heir male of such heir male it be also covenant by the  article that he shall stand seize of these land to the use aforesaid and such  other use as shall be declare by the trustee therein name until such  settlement shall be make sir John Trevor have issue several son by that  marriage he levy a fine of these land but do not declare to what use the fine  shall be levy but several year after he by deed declare the use of the  aforesaid fine in favour of his second son and die without ever make any  settlement pursuant to the article and leave a very considerable estate to  descend upon the old son not mention in the article modern report a bill be  bring by the old son to have the fine set aside and the land comprise in the  article convey as therein mention it be insist in favour of the defendant the  second son first that in case a settlement have be literal make accord to the  article then by operation of law accord to Shelleys case a estatetail will  have be vest in sir John Trevor and consequent he will have be able to have do  what he have now do videlicet levy a fine and bar the issue second it be urge  that the covenant to stand seize c be in law a conveyance execute and do  actual vest a estatetail in sir John Trevor and consequent the fine be well  levy three it be urge that if in respect to those land agree by the article to  be settle the old son have any injustice do he so as to entitle he to relief  in a court of equity his father have make he a abundant satisfaction or  compensation for it by permit a estate not affect by the article and of great  value to descend upon he when he may have give it from he modern report er p  Parker Lord chancellor decree in favour of the old son a see Jones v Laughton  Eq case Abr Nandich v Wilkes Eq case Abr cusack v cusack brown p c west v  Erissey Peer wms a he say that this case be in effect no more than what be  very common in chancery to decree such a conveyance as be though not accord to  the word of the article yet accord to the intention of they by take care that  the husband shall be make only tenant for life and so not have it in his power  to defeat the intention of the settlement that the article be but minute of  the settlement and therefore not necessary to be verbal pursue that what the  court if apply to will have decree they will so far consider perform as to set  aside the fine modern report as to the second point he look upon the covenant  to stand seize as what be design to supply any defect in the conveyance and  not as a execution of the article as to the three point there may have be  something more to have be say for it if the article have be to settle land  general and not such and such land in particular name they this decree be  affirm in the house of lord b see Mod and brown parliament case b