case Pritchard against QUINCHANT and jenkins against QUINCHANT June article  previous to settlement can in general be read to construe the settlement  unless the bill be bring to rectify the settlement or the settlement refer to  they lib Reg b fol b S c hark ms from de grey ms Richard Jenkins and his wife  be seize of a estate in right of the wife levy a fine and by indenture of that  January declare the use to the husband and wife and the survivor for life  remainder to the use of all or any of the child in such share and proportion  and for such estate and Payable at such time as Richard by deed or will shall  direct limit and appoint and in default there of to Richard his heir and  assign for ever bill by creditor under will of Richard Jenkins cross bill by  Jenkins the son of the marriage insist that by the settlement itself and the  construction upon it the father Richard Jenkins can take the fee but in  default of issue of the marriage but if the settlement be not so on the legal  construction of it yet that be the intent of Richard ambler Jenkins at the  time of make the settlement without refer to any article or instruction and  pray to be let into possession it be offer on the part of the plaintiff in  second cause to read instruction for draw the settlement that be send by  Jenkins the father the grantor by which he declare he be not to have the fee  unless there be failure of issue of the marriage and object on the part of the  defendant because the settlement must speak for itself and in case those  instruction be give yet there be no proof that they be not depart from and the  settlement be in itself perfect Lord chancellor if the bill have be bring to  rectify the mistake and make the settlement agreeable to article or  instruction as be frequent do and have point out those instruction particular  they may have be read in evidence for if those instruction have be depart from  it will give a opportunity to the defendant to show it but in the present bill  all that be insist on be that the settlement be contrary to the intention  general without point out the particular instruction the proper and usual  method be to point out the article or instruction where bill for rectification  of settlement not that it be to be lie down as a general rule that no case can  be so circumstance as to make it unnecessary to point out the article as where  the settlement itself refer to they but this be the case of a infant and I  shall give he a opportunity to amend his bill that he may have benefit of  those instruction see sale v saint eloy p W Lord Redesdales Tr so a cause will  be order to stand over at the hear to allow a infant defendant to put in a  further answer if it be necessary for his interest that any fresh fact shall  be put in issue fawkner v Watts atk how far it may avail he against the  mortgagee under the devise of Richard Jenkins will be doubtful he see the  settlement and may consider the operation of it as to the legal estate but may  never see the instruction nor be apprise of any ambler er p equitable  circumstance to overturn that legal right if a ejectment be bring a court of  law can not take notice of these instruction there be three question ambler be  if the word in default thereof mean in default of appointment d if they mean  in default both of appointment and issue d if the estate shall vest in all the  child in case of no appointment what estate they will take another question if  Richard Jenkins the father can only take the fee in default of issue it be  argue that although the issue shall take but a estate for life the inheritance  will not go to he but to the heir of the wife but query whether default of  issue may not be construe in failure of child that be when they die let the  cause stand over with liberty for the infant plaintiff to amend and there can  be no prejudice from it to any of the party for I can make a decree upon the  present bill to bind the infant but he may when he come at age bring a bill  for rectification of the settlement it be order that the cause shall stand  over the plaintiff the infant in the crosscause to be at liberty to withdraw  the replication and amend his bill by charge therein the exhibit prove by e  Jeffries with such proper charge relative thereto and pray such relief thereon  as he may be advice the infant prochein any to pay the defendant in the  crosscause their cost of the day and the defendant the infant to be at liberty  to amend his answer to the original bill Reg lib after amendment and on the  and day of July the cause come on again and the fact of the case appear from  lib Reg to have be that by indenture of that of January between r Jenkins and  his wife and certain trustee it be covenant that a fine shall be levy and the  use be declare to be to the trustee for year for the purpose of pay off  certain sum then Chargeable on the land and after payment thereof the term be  to cease and the trustee be to stand seize to the use of such person and for  such estate and purpose as r Jenkins and his wife shall appoint and for want  of appointment to the use of r Jenkins and his wife and the survivor for their  life remainder as in ambler r Jenkins be desirous of have the estate settle  write a letter of instruction to his attorney Mr barn wherein after state his  wife intention that the estate shall be settle he go on to say I desire you  will accord draw the settlement as follow upon what child or child I shall  have by her not direct to any one but accord as we shall think proper and also  reserve a power to sell as we shall have occasion if no issue by her for I to  dispose of as I shall think fit after her decease in consequence of this  letter and without any other instruction the solicitor prepare the deed of  that January it also appear that by a indenture of and of September make  between r Jenkins and Letitia his wife of the one part and Edward rigby of the  other part after recite the deed of that January and the fine levy in  pursuance thereof it be witness that b Jenkins and Letitia his wife in  consideration of pound advance by the say Edward rigby demise to the say  Edward rigby all the say message c contain in the say indenture of that  January to hold to the say Edward rigby for year if he shall so long live  under the rend of a peppercorn and the say r Jenkins thereby covenant to pay  to the say Edward rigby and his assign during his life one annuity of pound  clear of all deduction and the say b Jenkins be to receive the rend c till  default shall be make in the payment of the say annuity Letitia the wife of r  Jenkins have die in his lifetime he marry Emma the defendant and by his will  devise all his manor land c to his say wife Emma in trust to pay his debt c  and after payment thereof he give all the residue of his estate to his say  wife after the death of r Jenkins the defendant Emma have occasion for the sum  of pound which sum be state in her answer to be for the payment of the debt of  her husband r Jenkins and conceive herself to be entitle under the will of her  husband to the estate mention in the indenture of by indenture of that April  in consideration of the say sum of pound advance to her by I tongue mortgage  the say premise to he for that sum by several mesne assignment the mortgage be  vest in Thomas lee the decree declare that the plaintiff Pritchard Jenkins be  entitle in a court of equity to have the settlement of that January rectify  accord to the instruction appear in the letter from r Jenkins and to have the  full ambler er p benefit thereof accord to the true intent and meaning of  those instruction without prejudice to the encumbrance on the say estate claim  by the defendant Edward rigby the annuitant and the defendant Thomas lee the  mortgagee and the master be to take a account of what be due to the say  mortgagee for principal interest and cost and on payment of what shall be find  due within six month after the master shall have make his report it be order  that the say mortgagee shall convey and assign the say premise free of all  encumbrance to trustee to be approve of by the master in such manner as the  master shall direct and after the say estate shall be so convey it be order  that the same shall be settle subject to what shall be so pay off for  principal interest and cost as aforesaid as a encumbrance thereon and subject  to the say annuity of pound to the say defendant Edward rigby to the use of  the plaintiff p Jenkins the infant and the heir of his body with remainder to  John Jenkins his young brother and the heir of his body with remainder in fee  to such person or person as shall appear to be entitle thereto under the will  of the say r Jenkins the father see a full note of the judgement in this case  give Ves note a and see the case of Barslow v Kilverton Ves Campbell v Sandys  I Sch Lef see Ingram v Pelham post and Roger v earl dick