case birch against Blagrave w p make a secret conveyance of several estate to  his daughter who be marry and have have a portion and be jointure he keep  possession of the estate and the deed and afterward by will devise these  estate hold the devise good the conveyance be keep secret and he continue in  possession of the estate there be evidence t he make the conveyance to avoid  be sheriff of London by put the legal interest out of himself and think by  that mean he may swear to his want of qualification but it appear he do not  take the oath but pay the fine for not serve the office lib Reg a foe b nom  birch v griffin Lincoln inn hall that march William petty by lease and release  in in consideration of love and affection to his only daughter and child Anna  maria wharton widow and as a further provision for her convey several estate  in Suffolk to her in fee it ambler appear in proof that the daughter be never  acquaint or inform of the content but the father keep it secret and continue  in possession of the estate and receive the rend of they to his death except  such part which he sell after he have execute the abovementioned deed he also  cut down timber it be prove that he make the conveyance in order to disqualify  himself from be sheriff of London for by this mean the estate which he have  leave be reduce to less than pound value but that afterward alter his mind  instead of swear he be not worth pound and so be excuse the office he submit  to pay the usual fine for not accept it after make the above conveyance he by  will devise all his real estate bill by plaintiff devisees against the heir at  law of the daughter who be dead for a conveyance of the legal estate of the  land comprise in the above deed n it appear the daughter have receive a  considerable portion on her marriage and have a jointure settle upon her Lord  Hardwicke chancellor these sort of case stand on their own circumstance in the  present I lie aside all consideration of fraud and trust the ground I go on be  mistake and misapprehension in William petty of which he be satisfy before he  make his will his intention be to put the legal estate out of himself which he  think will enable he to take the oath and so get excuse from serve the office  of sheriff and yet he mean to reserve to himself the beneficial interest and  therefore he receive the rend and sell part of the estate and though such sale  will be good against a voluntary settlement by stat Elizabeth yet it show his  intention be not to part with the beneficial interest in the estate this be  great strengthen by its be convey to a daughter not to take effect after his  death but in possession who have receive a portion from he and be jointure I  be of opinion the conveyance ought not to take effect against his ambler  intention unless he have actual take the oath that will have be against  conscience and in fraud of the law and whether it be in fraud of the local law  of London or general law of the land be the same thing such be the case of  colonel Pitt he sit in the house of Commons by virtue of the conveyance  suppose George Pitt have find his mistake and repent of it before he have  carry his intention into execution and colonel Pitt have not be in parliament  I shall have think a contrary determination will have prevail in this case  petty find his mistake and instead of take the oath pay the fine as qualify it  be say as the fine be pay some time afterward he may have increase his estate  to pound in the mean time if that be doubt it shall be inquire into case cite  where father make a conveyance with intention at first for the benefit of his  child but afterward alter that intention yet the child hold to be well entitle  be certain right for he can not alter his intention without power of  revocation Clavering v Clavering be the case of two voluntary settlement both  intend beneficial for the grantee the prior take place ambler er p ware v Lant  Prec in Ch be concern personal estate but the ground on which the case go be  material to the present I be of opinion the will pass the trust and that the  plaintiff be entitle to a conveyance of the legal estate from the heir at law  of the daughter see the case of Cecil v butcher I W where sir t plummer after  review all the previous authority say that difficult as it be to extract a  principle from they yet he think there be a great preponderance of authority  in support of the proposition that in a case where a voluntary deed be make  without the knowledge of the grantee when it be make for a special purpose for  which it be never require to be make use of when it have be keep in the hand  of the grantor without ever be act on a court of equity will not relieve upon  it decree his lordship do declare that the deed of lease and release of April  execute by the say wm petty proceed from and be find on a mistake the say  testator and be make for a particular purpose which never take effect and that  therefore the trust and beneficial interest thereof ought to be deem in this  court to remain in himself and to be subject to his disposition by his will