brown case Laurence appellant dulcibella Laurence widow respondent that may  Mews dig v see dower Act will IV c sacred scripture Fian v Henry dr W Roland v  Cuthbertson l r Eq where there do not appear a clear intention in the testator  to bar his wife of dower she shall not even be put to her election but shall  have her dower as well as the provision make for her by the will vern Eq can  ab can Eq can ab can can Freem Rep viner vol p can vol p can William Laurence  Esq be seize in fee of a estate in the county of Gloucester of about pound per  and make his will date the that of April and thereby devise the manor of  little Sherrington and the mansionhouse wherein he live and other land of the  value of pound per and to the respondent his wife who have former be his  servant during her widowhood and after the determination of that estate he  devise the same premise together with the manor of Oldswell and all other his  land to trustee for a term of year to commence immediate after his decease  upon the trust after mention remainder to his first and other son in tail male  remainder to his godson William Laurence for year if he shall so long live  remainder to trustee to preserve the contingent use remainder to the first and  every other son of the say William Laurence in tail male with like remainder  to Anthony Laurence and his issue male remainder to the appellant for year if  he shall so long live with other remainder over the trust of the year term be  declare to be for the payment of the testator debt and legacy and as a further  provision for his wife he direct that after two year of the term be expire his  trustee shall permit her to receive the rend and profit of a farm call  Brevitts of pound per and and after five year of the term be elapse then they  be to permit his say wife to receive the rend and profit of another farm call  Crepitts of pound per and for the remainder of the say term of year so long as  she shall continue a widow the testator then give her several pecuniary and  specific legacy and appoint her sole executrix of his will on the that of  August the testator die without issue be indebt on mortgage and bind to the  amount of pound and by simple contract in pound and upward the respondent  prove the will possess the personal estate and enter on the land devise to her  which be of great value than the three of the testator whole estate but in  Trinity term she bring her writ of dower in the court of common plea against  the trustee for a three part of the land not devise to her to which writ the  trustee plead the devise in the testator will and aver that the same be for  her jointure but upon a demurrer to this plea judgement be give for the  demandant and her dower be afterward set out amount to pound per and brown  hereupon William Laurence the first remainder man exhibit his bill in chancery  by his prochein any against the respondent and the trustee to be relieve  against the say judgement in dower and to have a execution of the trust of the  testator will and a proper direction for the payment of his debt on the saint  of November the cause be hear before the Lord chancellor summer who decree a  perpetual injunction against the defendant dulcibella to stay her further  proceed upon the judgement in dower and direct the trustee to account for the  rend and profit of the trust estate and it be refer to a master to state the  claim of the several creditor and legatee but his lordship reserve any  direction how the debt and legacy shall be pay and also how the defendant  dulcibella shall be satisfy her demand from the respective expirations of the  two year and brown er p the five year of the say term of year in case the  profit of the trust estate shall not be sufficient to discharge the mortgage  affect the same until after the master shall have make his report the  defendant dulcibella be dissatisfy with this decree apply to the Lord keeper  wright for a rehear and accord the cause be reheard on the that of July when  his lordship order a case to be state whether the say defendant be bar of her  dower by the devise in the will or not and if she be not bar of her dower by  such devise whether the plaintiff William Laurence ought to be relieve in that  court a case be accord state and on the that of November the cause come on for  the Lord keeper judgement upon the case so state when his lordship declare  that he have full consider of the matter but conceive there be nothing in the  testator will that do intend that the defendant shall be bar of her dower and  in case any such thing do appear by the will the same will only be a bar at  law and not in that court and as the matter have be already determine at law  his lordship be please to reverse so much of the former decree as award a  perpetual injunction against the say defendant proceed at law upon her  judgement in dower and order that so much of the bill as seek relief touch the  matter of dower shall stand dismiss in consequence of this latter decree the  respondent continue in the quiet possession of the land assign for her dower  which with the land devise to her amount to near pound per and although the  yearly rend of the testator whole estate do not exceed pound but by reason of  the infancy of the say William Laurence the plaintiff in that suit and the  great poverty of his relation no relief can be seek for against the Lord  keeper decree on the that of April the say William Laurence die a infant and  without issue and Anthony Laurence the next remainder man be also dead without  issue the say land and brown premise come to the appellant as be next in  remainder under the limitation in the testator will subject to the say term of  year for the payment of the testator debt the appellant after his title have  thus accrue find that the personal estate of the testator have be waste the  rend and profit of his real estate misapply and that none of his specialty  debt have be satisfy although the year term create for that purpose be almost  expire he therefore in Hilary term bring his bill in chancery against the  respondent and the trustee to be relieve against the judgement obtain in dower  and for a account of the personal estate and of the rend and profit of the  real estate and a proper application thereof accord to the testator will on  the that of December this cause be hear before the Lord chancellor Cowper who  be please to declare as to the point of dower that it be a point of right and  so doubtful in its nature as that the court have be of different opinion  therein and the last determination which be so long ago as the that of  November have remain ever since unquestioned his lordship do not think fit to  make any variation from what be then determine as to that point but as to the  account take in pursuance of the first decree his lordship declare that the  present plaintiff be no party thereto ought not to be conclude thereby and  therefore decree the act trustee to account for the rend and profit of the  trust estate and that the same except the household good and specific legacy  ought to be apply in a course of administration and in discharge of the trust  estate from this decree so far as it concern the point of dower the plaintiff  appeal allege I Jekyll S Cowper that it be not find upon the merit and  circumstance of the case as to the point in question which be not debate at  the hear nor do the Lord chancellor deliver his opinion thereon but upon this  ground only that the court have be of different opinion and that the last  determination be so long ago as the that of November and therefore his  lordship do not think fit to enter into the merit of the case or vary from  that last determination but to this it may be answer that it be plain the  appellant who claim by way of remainder be not bind by either of the former  decree be no party nor claim under any person who be a party thereto and  therefore the length of time do not seem material in this case as no laches  can be imputable to the appellant for not seek relief against a decree by  which he be not bind and to which he be neither party or brown er p privy nor  can it be pretend that there have be any acquiescence in this case there can  be none by the appellant for almost as soon as his title accrue he have bring  his bill to be relieve upon the merit nor can there be any by the first  remainder man William Laurence for he die a infant so that the case brown seem  to stand perfect clear from those objection and come now proper to be  determine by the judgement of the house upon the pure merit and justice of it  that in case the appellant shall be consider as bind by the decree of the Lord  keeper wright by which the decree of Lord summer be reverse the payment of the  testator debt will be impracticable and his will and intention in that respect  defeat for such advantage have be take by that decree that all the debt by  mortgage and specialty amount to pound be still unpay and the year term which  be create for that purpose be within four year of expire so that the great  part of the debt will remain a charge upon the appellant estate for life that  it will be against the rule of natural equity and justice if the respondent  shall be permit to enjoy the estate devise to her by her husband will and at  the same time disappoint his intention by insist on her dower for which the  land devise be far more than a equivalent and that the decree now appeal from  not be ground upon any opinion of the present Lord chancellor as to the merit  of the case in the point in question but upon a suppose acquiescence and  length of time which it be hope be sufficient answer it ought not to give any  sanction to the Lord keeper wright decree against the decree of the Lord  chancellor summer for which of those two decree be first or which last can not  be material in the present case or of any weight against the appellant as he  be no party to or concern in either of they on the other side it be say to be  no where express n Lechmere c Cox nor to be collect from the word of the will  that the land devise to the respondent be for her jointure or in bar of her  dower neither can it be so aver at law or in a court of equity she have no  estate for her life but for her widowhood only that it be not consistent with  the tenderness and respect which the testator have for the respondent to  presume that he intend to bar her of her dower out of the other land not  devise and to oblige her to accept of pound per and pound per and part of  which be not to commence till two year and pound per and other part of it not  till five year after his death and both to determine at the end of year so  that if the respondent survive that term which be very near expire she will be  reduce to pound per and during her widowhood only instead of have a three part  of pound per and during her life and consider that the respondent have already  recover at law upon a defence make by the person who be then entitle to the  premise and that such recovery have be establish by the judgement of the court  of chancery so long since as November which be never question till February  but on the contrary approve of even by the appellant himself as appear by  letter under his own hand it be hope that the respondent dower will not be  take from her especial in favour of the appellant who be only a name sake and  no relation of the testator but that the appeal will be dismiss with exemplary  cost accord after hear counsel on this appeal it be order and adjudge that the  same shall be dismiss and the decree therein complain of affirm and there  appear no direction in the say decree that so much of the plaintiff bill as  relate to the question the dower of the say dulcibella Laurence shall stand  dismiss it be order that so much of the plaintiff say bill as relate to that  matter shall stand dismiss and it be further order that the appellant shall  pay the respondent pound for her cost in respect of the say appeal jour vol p  brown er p