case BURGOIGNE v fox and other may the that the pound charge by Lord Bingley  on the term of year shall not be pay out of his personal estate but the land  on which it be original charge must bear the burden of it on the marriage of  Lord Bingley with a daughter of Lord Guernsey a settlement be make of his  estate in Yorkshire to that e common use of a marriage settlement and in case  of failure of issue male a term of year be create for raise the sum of pound  for daughter portion Lord Bingley afterward by lease and release date the that  and that of August convey a estate he have in atkins Hertfordshire call the  nunnery of Cheshunt to the use of himself for life remainder to trustee to  preserve contingent remainder remainder to his first and other son in tail  remainder to Samuel Benson a near relation for life remainder to trustee to  preserve contingent remainder remainder to his first and other son in tail  remainder to the right heir of Lord Bingley subject to a power of revocation  by any deed or write under the hand and seal of Lord Bingley and attest by two  or more witness so as at the time of such revocation he settle other land in  Yorkshire free from all encumbrance and of as good or better yearly value than  the estate at Cheshunt to the same use as be mention in the deed of Lord  Bingley afterward by his will date the that of June devise to the present  plaintiff a estate for life in the land c at Cheshunt and all his land in  Yorkshire and elsewhere he devise to trustee for the benefit of his daughter  and only child since marry to Mr fox the defendant for life remainder to the  first and other son in tail remainder over afterward Lord Bingley by lease and  release of the that and that of June intend by he as a execution of that e  power of revocation in the deed of convey a estate at Hatton in Yorkshire to  the same use with the deed in but this estate be deficient in value and be  likewise charge with the term of year under a deed in for raise pound for  daughter portion after the death of Lord Bingley a bill be bring and decree  obtain by consent for charge Lord bingley personal estate with this pound  portion which be do to avoid circuity the testator have by his will direct his  personal estate which be very considerable to be lie out in the purchase of  land to be settle to the use mention in his will as to the other land Samuel  Benson die and Robert his son refuse to accept of the estate at Hatton under  the deed of and have recover the Cheshunt estate by ejectment the bill be now  bring by the plaintiff pray in the alternative either that Robert Benson may  be compel to relinquish his claim to the Cheshunt estate and accept that of  Hatton upon a supposition that the power of revocation be equitable though not  legal pursue or that if that shall be think otherwise that the plaintiff may  have the Hatton estate which appear to be convey to Robert Benson in lieu of  the Cheshunt estate or at least to have a satisfaction and equivalent for this  devise out of the personal estate of the testator in respect of a covenant  enter into by he in the deed of that the Hatton estate then be and shall  continue during the interest of Samuel Benson therein of the clear value of  pound per and which be the value of the Cheshunt estate at the time of the  settlement thereof in atkins er p Lord chancellor I be clear of opinion the  power of revocation be not well execute in respect of the difference of the  atkins value of the two estate and the term of year which cover Hatton as part  of the Yorkshire estate settle in I be likewise clear of opinion that the deed  of be a revocation of the will quoad the devise of the Hatton estate as part  of all the testator land c in Yorkshire mention to be devise by the will and  therefore Hatton can not be subject to the particular use create by the will  vide shower parliament can but as it be admit that though Robert Benson have  the legal estate both in Cheshunt and Hatton estate the former under the  settlement in and the other in yet as one only be plain intend he and he  choose to adhere to the Cheshunt c he must be a trustee as to the other estate  for some person or other who in equity have a right to it and I think the heir  at law of the testator will plain be entitle to this trust and the principal  question therefore be as between the plaintiff and the heir at law and as the  plaintiff claim only under the will and be therefore a mere volunteer he be  not entitle to any equity of this kind that in the case of noise v mordant  vern it be plain Lord Cowper go upon this a provision which be thereby to be  make by a father for his child and it be likewise in this respect  distinguishable that the dispute there be between person who claim under the  same will here between a devisee and the heir at law who be always favour  reeve v reeve vern particular notice be take by the testator in his will of  his apprehension that the pound charge will be good against the jointure No  express intention of any thing of that kind appear in the present case here it  be likewise to make provision for a only daughter and no inference can be draw  from those resolution in favour of a mere volunteer as the plaintiff be N B  hold clear by Lord chancellor there be no pretence for pay off the pound  charge on the term of year out of the personal estate of Lord Bingley but the  land on which it be original charge must bear the burden of it and what be do  by the decree in this case can be only matter of agreement between the party  see Coventry v Coventry p W Evelyn v Evelyn Cox p W note Lanoy v Athol post  vol Tankerville v faucet bro Charles Rep ware v Dudley bro Charles Rep Howel v  price Cox p W note Galton v Hancock post vol and note his lordship declare he  see no cause to give the plaintiff any relief in equity and therefore order  that the matter of the plaintiff bill stand dismiss without cost