case collins ux versus plummer all Feb a on his marriage settle land to the  use of himself for life then to the wife for life remainder to the heir of his  body beget on the wife remainder to his own right heir and covenant in the  settlement not to bar the entail nor suffer a recovery and have one daughter  to who on her marriage he have give a good portion he suffer a recovery and by  will devise the estate to his daughter for life and to her first c son in tail  with remainder over on a bill for a specific performance of the covenant the  court will not decree it but leave the party to recover damage at law for  breach of the covenan a settlement to husband for life to his intend wife for  life remainder to the heir of the body of the husband on the body of the wife  remainder to his own right heir with a covenant that he will not dock the  entail nor suffer a common recovery the settlement as state in the register  book probable by mistake be of land c of which the plaintiff father be seize  in fee tail with the reversion expectant in feesimple and also of other land  of which the plaintiff mother be seize in fee tail with the reversion  expectant in feesimple to the use of the plaintiff father for life remainder  to thou plaintiff mother for life for her jointure remainder to the heir of  the plaintiff father for ever and the covenant with the trustee name in the  settlement be by the plaintiff father for himself and his heir that he have  full power to convey his own land to the use of the plaintiff mother and the  heir of his body on her to be beget and that after the fine therein mention  shall be levy he will not at any time by any fine or recovery or otherwise bar  discontinue or impeach the use of the premise to the plaintiff mother and the  heir of the plaintiff father on her to be beget but that from and after his  death they shall quiet enjoy the premise without any claim or demand of any  person whatsoever under he the say plaintiff father r l for discussion on the  ancient law on this point vide corbet case   Rep sir Anthony mildmay case    Rep Sondays case   Rep there be only a daughter of that marriage her father  marry her to the plaintiff Collins and give her a good portion there be  several other child of the marriage but they all die in the lifetime of the  plaintiff father without issue r l and afterward suffer a common recovery and  devise the estate to his daughter for life and to her first and other son in  tail remainder to the defendant his nephew provide if she survive her husband  that she shall have it in fee to her and her heir the devise of the land in  question be to defendant trustee in trust that they and the heir of the  survivor of they shall during the plaintiff mary life if she so long continue  the wife of the plaintiff Henry receive the rend and profit thereof and  dispose of the same to such use and in such manner as she during her coverture  shall direct and if she die in the lifetime of the plaintiff Henry then to her  first and other son in tail and remainder over with such proviso as in the  print report r l Vernon chancery case bill for specific execution of the  covenant for the plaintiff the agreement be executory and like a covenant that  a man will not execute a power as in the Lord peterborough case the teen lease  set aside Lord chancellor this case differ for there be a agreement subsequent  to the raise of the power to extinguish it but here all be in the same deed so  you know he have power to bar and therefore agree to accept of a covenant by  which to have damage and not the thing in specie that will see to make it  beyond the agreement the word of the decree as to the covenant be whereupon c  his lordship declare that he conceive the meaning of the say party to the say  settlement to be such that the land and premise thereby settle or agree to be  settle shall be settle and vest in such manner that it may be in the power of  the plaintiff father to dispose of the same as he shall see occasion and that  his covenant contain in such settlement not to do any act to bar discontinue  or impeach the use therein limit of the say premise be to amount to no more  than to restrain the plaintiff mary father from make any other than a prudent  use of such dispose power and his lordship further declare that the devise  make by the say plaintiff mary father will of the say premise limit by the say  marriagesettlement be a prudent provision for her and her family and that he  see no cause to carry the say covenant in the say marriagesettlement into  execution in equity the decree then proceed to direct at law at law on a  quantum injure as in the print report in peer William Reg lib a fol vide p wms  S c and case cite in not there and the principle of this case discuss by  Thurlow Lord Chan in Legard v Hodges bro Ch Rep bro Ch Rep SC in which case  vide also observation of Mr Mansfield arg on flight v cook ves cite by Mr Cox  in his note Vernon chancery case er p