brown case margaret Davy and other appellant nicholas hooper ux respondent  that February by a marriage settlement pound be provide for the portion of the  issue of the marriage in such proportion as the father shall appoint there be  issue of this marriage only one child for who the father upon his second  marriage make provision by settle a real estate and he also give her a legacy  by his will but die without make any appointment of the pound hold that this  child be entitle to the whole pound and that none of the other provision make  for heir shall be deem a satisfaction decree of Lord keeper Harcourt affirm  the statement of the case in all the other authority refer to be short and  incorrect vern viner vol p can Eq can ab p can William afterward sir William  Davie in the year and in the lifetime of sir John Davie his elder brother  marry mary Steadman who only fortune be a real estate in somersetshire of  about pound per and part in possession but the great part in reversion after  the death of her mother who live till the year previous to this marriage by  indenture date the saint of April between the say William Davie and sir John  Davie and Margaret Davie widow their mother of the one part and mary Steadman  widow the say mary her daughter and Henry long of the other part in  consideration of the then intend marriage no portion be mention the say  William Davie sir John Davie and Margaret Davie for themselves their heir  executor and administrator covenant with the say mary Steadman widow and Henry  long that he the say William Davie shall within one year after the marriage  upon the request of the say mary Steadman widow and Henry long their executor  or administrator settle and assure in such sort as they or either of they or  their counsel shall reasonable advice or appoint the sum of pound in money and  good security or in good security alone in manner follow videlicet the sum of  pound part of the say pound for the sole benefit of the say mary the intend  wife in case the marriage shall take effect and the say William shall die in  her lifetime without issue by her then live or that shall afterward be bear  alive but if William shall die in her lifetime leave issue by her then only  pound part of the pound be to be settle which as to the interest thereof be to  be brown er p for the benefit of the say mary for life for her jointure and  after her death the principal of the say pound to be for the use of such child  or child of the say William Davie by the say mary as shall be then live in  such proportion as the say mary shall by any write limit or appoint or in  default thereof equal between they and if but one child the whole to that one  child but if all the child of the say William Davie by the say mary shall  brown die before her then she be to have the full sum of pound to her own use  and it be further covenant that the say William Davie shall at the like  request settle and assure pound other part of the say pound to the use of such  child or child as he shall have by the say mary whether bear in his lifetime  or after his decease in such manner or proportion as the say William Davie his  executor or administrator shall by any write appoint and the residue of the  say pound be in every of the say case to be for the sole disposal benefit and  use of the say William Davie his executor administrator and assign provide  always that if the say William Davie shall settle the say pound or security  for the same within a year after the say marriage or if no such request as  aforesaid shall be make within one year after the marriage for such settlement  to be make then the say sir John Davie and Margaret Davie be to be discharge  from the say covenant but this proviso be not to extend to the say William  Davie the marriage soon afterward take effect and in October the somersetshire  estate be by fine and recovery and deed declare the use thereof limit to the  use of the say William Davie for his life with remainder to say mary Davie for  her life remainder to the trustee to preserve the contingent remainder  remainder to first and other son of the say William Davie by the say mary  successive in tail male remainder to the use of the daughter or daughter of  the say William Davie on the body of the say mary beget or to be beget with  remainder to the use of the right heir of the say William Davie for ever in  mrs Davie die leave the respondent mary her only child and soon afterward sir  John Davie die without issue whereupon the title together with the family  estate in Devonshire of about pound per and descend to the say William Davie  in sir William Davie marry dame Abigail his second wife who bring he a fortune  of pound and by who he have issue the appellant sir William Davie intend to  make all his four daughter equal in point of fortune and know that by the  settlement on his first marriage the respondent mary his old daughter will  after his death be entitle to the somersetshire estate which he estimate to be  worth pound her in October make a settlement of his Devonshire estate to the  use of himself or life then to trustee for a term of year upon trust to raise  pound apiece for his three young daughter the appellant and subject to this  charge to the use of his heir male remainder to his daughter beget or to be  beget with remainder to his own right heir on the that of February follow sir  William make his will and after take notice that the estate which he have by  his first wife be settle on his old daughter mary he brown devise to her  certain other estate in the say county of Somerset together with some specific  legacy and then he give pound apiece to his three young daughter over and  above their portion of pound apiece and appoint the same person executor who  he have name as trustee in the settlement of his Devonshire estate in march  sir William die and soon afterward the respondent claim the sum of pound under  the agreement make upon sir William first marriage whereupon the appellant  exhibit their bill in chancery against the respondent to be relieve as to this  demand and pray that what sir William Davie have do for the advancement of the  defendant mary in settle upon her the somersetshire estate give her a legacy  by his will and make a further provision for heir in the settlement of his  Devonshire estate may be decree to be a satisfaction of her claim of the say  pound the defendant also exhibit their cross bill for a satisfaction of this  pound out of the real and personal estate of sir William Davie both these  cause be hear on the that of November before the Lord keeper Harcourt when the  court declare that mary Hooper be well entitle to the pound as a creditor  under her mother marriageagreement and therefore decree the same to be pay  with interest at pound per cent from the death of sir William Davie brown er p  but to reverse this decree the present appeal be bring and on behalf of the  appellant it be insist S Cowper S mead that the intention of the  marriageagreement of be only to secure a provision for the issue of that  marriage such intention be full and effectual answer by the settlement of the  somersetshire estate which sir William Davie be under no obligation to make  that in this agreement no mention be make of any portion nor in fact have sir  William first wife any other portion than the somersetshire estate which if  she have die before will have descend to her heir and sir William may not have  receive any benefit from it that till the death of sir William the respondent  mary can not by the marriagecontract have demand any satisfaction for the  pound because no time be thereby limit for the payment of it and as at his  death the respondent become entitle to the somersetshire estate under the  settlement she thereby receive a certain satisfaction for the pound at the  very time that it become demandable if it ever can be demand and as sir  William never bar the remainder of this estate which be in his power to have  do it afford a plain evidence that he intend it as a satisfaction and  therefore it be apprehend that the benefit which the respondent mary take on  the death of sir William by his settlement of the Devonshire estate and by his  will ought to be take as a full satisfaction for the pound even if it have not  be satisfy by the settlement of the somersetshire estate that it be full prove  in the cause that sir William intend to make all his four daughter equal in  their fortune brown and that he look upon and intend the settlement of the  somersetshire estate to be a full performance of the agreement make on his say  first marriage for be a very careful and exact man in the management of his  affair he some short time before his death set down in write a account of all  the debt he owe and which be indeed but very trifle without ever take notice  of this pretend debt of pound to the respondent it be therefore hope that the  wise and just provision which sir William have make for the peace and quiet of  his family and for the equal benefit of all his daughter shall not now be  frustrate by admit the respondent mary as a creditor for so large a sum as  pound principal money which with the interest give by the decree will amount  to pound to the disappointment of sir William will and contrary to his repeat  intention on the other side it be contend t powis I Jekyll that at the time of  the settlement of the somersetshire estate which move only from the respondent  mary mother sir William have no interest in it and therefore it can not be nor  be ever express or design to be a satisfaction for what be limit by the  article to the issue of that marriage that the respondent do not claim the  somersetshire estate by the gift of sir William Davie but by the settlement  and gift of his first wife the respondent mary mother and if the settlement of  this estate be a satisfaction it must have be so at the time of make it but  this can not possible be because the respondent mary take nothing thereby but  in remainder after a estate tail which the tenant in tail may by common  recovery have bar and destroy beside this settlement be never declare or agree  either by sir William Davie or his first wife to be a satisfaction for the  money agree to be pay by the article that the legacy give to the respondent  mary by the will be but of small value and each of the appellant have more out  of his estate than the respondent mary have though she be his old daughter and  as to the settlement of the Devonshire estate she take nothing but a remainder  together with the appellant after a estate tail which sir William may have bar  whenever he think fit but it be not even pretend that he ever mean or declare  this settlement to be a satisfaction of what he be bind to do by the article  accord after hear counsel in this appeal it be order and adjudge that the same  shall be dismiss and the decree therein complain of affirm jour vol p 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