case david eyton versus John eyton jane ux a eyton vern S c Eq Abr pl S c Eq  Abr c wms wms ves ves counterpart of a settlement admit sufficient evidence of  the settlement and a conveyance decree pursuant to it Thomas Eyton have three  son Benjamin Randall and David and the that of October car make a settlement  of all his land to the use of himself for life remainder to the use of his  wife for life then as to part to the use of Benjamin and the heir male of his  body remainder to Randall and the heir male of his body remainder to David and  the heir male of his body and as to the other part to Randall and the heir  male of his body remainder to Benjamin and the heir male of his body remainder  to David and the heir male of his body and as to the other part to David  precedent in chancery er p and the heir male of his body remainder to Benjamin  and precedent in chancery the heir male of his body with remainder of the  whole to Thomas in fee Benjamin be a lunatic and have no issue male and only  two daughter jane and whether defendant Randall die without issue David have  issue David the plaintiff and John the defendant who marry jane the old  daughter of Benjamin David exhibit his bill against Benjamin and John and jane  his wife set forth that Thomas his grandfather have make some settlement  whereby part of the estate do then belong to he and charge that the settlement  be come to the defendant hand and pray a discovery of it John answer and set  forth that he have such settlement in his custody and set forth the limitation  to be ut above but that he can not part with it because he be advice it do  belong to Benjamin the cause rest upon this answer several year and Benjamin  die without issue male and his say two daughter be his coheir and also heir to  Thomas the grandfather then the plaintiff amend his bill and make whether a  party and charge further that in the settlement by Thomas there be a proviso  that if any of his son die without issue male so that the land shall come to  any of the brother they shall pay to the daughter of such brother so die so  much and that he have tender and be ready to pay accord to the proviso to this  amend bill John answer and say be do not understand the limitation of  settlement and that he do not know whether he have set they forth right in his  former answer that he know of no other settlement but what be mention in his  former answer which he have several year since deliver to Benjamin and have no  copy of it precedent in chancery jane his wife answer by herself apart and  whether answer and by their answer insist upon their title as heir to Benjamin  and deny that they ever see or hear of any settlement make by Thomas the  grandfather the plaintiff have renew a counterpart of the deed of settlement  and there be a proviso as be mention in the amend bill and there be some proof  that some part of the land have be sell by Randall and enjoy accord but no  other proof of the settlement at the hear it be insist that the husband answer  whereby he have confess the settlement be no evidence against his wife be in a  matter of inheritance and that without other evidence of the settlement they  can not make use of this which they pretend to be a counterpart yet the master  of the roll decree a conveyance to the plaintiff and a account of the rend and  profit and on appeal this decree be confirm by my Lord keeper who think as  this case be the counterpart will of itself be evidence enough at law of the  settlement say qure de hoc these authority be refer to for the purpose of show  what evidence the court require in case where instrument have be lose suppress  or destroy