brown case christopher chamberlain appellant mary white widow respondent that  April Mews dig ten in a marriage settlement it be agree that if there shall be  but one daughter she shall have pound for her portion and that pound a piece  shall be pay to every of the other young daughter there be three daughter of  the marriage and the old claim to be entitle to a portion of pound but hold  that she be only entitle to a portion of pound decree of the Irish chancery  reverse the reason assign in vin and Eq ab be the estate be small and not able  to bear a great charge and see ms Tab viner vol p can Eq can ab can Michael  chamberlain esquire the father of the appellant and respondent be seize in fee  of a real estate in the county of meath and Dublin and possess of several  leasehold estate in Dublin of the yearly value of pound or thereabouts by  indenture of lease and release date the that and that of December in  consideration of a marriage with Cicely brown and of pound her portion and in  pursuance of article do settle and convey all the say premise to the use of  himself for life remainder subject to a jointure of pound per and to the say  Cicely for her life to the first and other son of that marriage in tail male  remainder to himself in fee and it be thereby agree that in case there shall  happen to be one or more son or son and but one daughter of their two body  such daughter shall have out of the rend issue and profit of the say estate  the sum of pound sterling as a portion to be pay to her at her age of year or  marriage which shall first happen and also such competent maintenance until  the same shall be pay as the trustee therein name shall appoint not exceed  pound per and and that the sum of pound sterling a piece shall be pay to every  of the other young daughter and pound a piece to every of the other and young  son with such competent maintenance as shall be appoint as aforesaid not  exceed pound per and for every such daughter and pound per and for every such  young son and the say Michael chamberlain covenant to lie out the say pound  portion in the purchase of land and to settle the same and all other land he  shall purchase to the several and respective use before mention but he reserve  to himself a power of charge the premise with a jointure for any second wife  not exceed pound per and and with pound for the child of such second marriage  Mr chamberlain have issue of this marriage the appellant his only son and the  respondent and two other daughter both since dead and upon the death of Cicely  his wife he marry a second by who he have issue and for their benefit he  charge the premise with pound by virtue of his say reserve power brown in the  year Michael chamberlain be attaint of high treason on account of the then war  in Ireland whereby his estate for life under the above settlement become  forfeit to the crown by a act of parliament make in England that and that will  III c S all the forfeiture in Ireland be vest in certain trustee therein name  who be thereby authorize absolute to determine the claim and right of all  person in and to the same and it be express enact that the judgement of the  say trustee shall be final and conclusive and that all infant feme covert  idiot person of nonsane memory or beyond the sea and all other person body  natural and politic their heir and successor and their respective interest  shall be bind and conclude by the judgement determination or decree of the say  trustee touch the premise accord to the tenor or purport thereof any law  statute or custom to the contrary thereof in anywise notwithstanding pursuant  to this act the respondent and her two sister exhibit their claim before the  trustee pray that the respondent may be allow her portion of brown er p pound  and pound for her maintenance and that the other two may also be allow their  respective portion of pound a piece and pound a piece yearly for their  maintenance whereupon the trustee decree that the say several portion and  maintenance shall be raise out of the say estate after the death of the say  Michael chamberlain the father the appellant also make his claim by virtue of  the article and settlement and the same be allow by the trustee subject to the  say portion and maintenance in October Michael chamberlain die whereupon the  appellant become entitle to the immediate possession of the premise as tenant  in tail and enter thereon accord and the respondent by virtue of the above  decree become entitle to her say portion of pound and pound per and  maintenance but the appellant object to the payment of this portion the  respondent on the that of November bring her bill against he in the court of  chancery in Ireland that either by sale or mortgage of the premise or a  competent part thereof she may be pay her say portion of pound together with  the pound per and maintenance from the time of her father death to this bill  the defendant by his answer insist that by virtue of the article and  settlement the plaintiff can only be entitle to the sum of pound there be more  than one daughter of the marriage and submit to pay what shall appear due for  this portion upon a account to be take of the several sum of money which the  plaintiff have receive from her far in his lifetime and from he the defendant  since his death on the that of may the cause be hear before the Lord  chancellor who take time to consider till the next day when his lordship  declare his opinion that the plaintiff be brown entitle to the pound under the  settlement and therefore decree that she shall recover the same out of the say  land and refer it to a master to examine and report the value and circumstance  of the defendant estate and his lordship declare that upon the return of such  report he will consider of such interest and maintenance as will be proper to  be allow the plaintiff and also whether the same with the pound shall be raise  by sale of any part of the estate or otherwise and in the mean time the  plaintiff may inrol a decree with cost from this decree the defendant appeal  and on his behalf it be insist t Lutwyche c Phipps that the respondent can not  be entitle to the same be by express word give in case there be but one  daughter and there be three daughter it can never be the father intention to  charge so small a estate with pound per and jointure pound to the old daughter  pound a piece to the young daughter and pound a piece to the young son and  leave his heir little or nothing to subsist on for if the respondent shall be  allow pound then the estate will stand charge with pound videlicet pound to  the respondent pound to heir two sister and pound to the issue of the second  venture the common interest whereof in Ireland amount to pound per and so that  the appellant be in possession of no more than pound per and there will remain  only pound per and to raise the principal money bear all repair and other  outgo and to support the appellant and his family that the decree of the  trustee can not bind the appellant and yet the respondent bill be find only on  that decree but if she be entitle to the pound under the settlement the court  ought to have decree the appellant a allowance thereout for such sum as have  be pay to the respondent by himself and his far and that cost ought not to  have be decree against the appellant in this cause when there appear to be so  heavy a load on so small a estate on the other side it be contend p York c  Talbot that it appear by the article to be the intent of the party that the  old daughter shall have pound for her portion and pound per and for her  maintenance but if the appellant construction be admit the old daughter will  be leave whole destitute of any provision whatsoever that the appellant have  make no proof of the payment of any money to the respondent on account of her  portion and therefore there be no ground make in this respect that the justice  the for the court to direct any allowance to be respondent demand be establish  by the decree the appellant be with great reason subject to the cost which he  have occasion the respondent to expend in assert her right especial since her  claim have be previous determine and brown er p allow by the same trustee who  have allow the appellant claim to the estate itself subject to her say portion  and maintenance but after hear counsel on this appeal it be order and adjudge  that the decree shall be reverse and it be declare and adjudge that the  respondent be not entitle brown to recover a portion of pound against the  appellant or out of his estate but be entitle to a portion of pound together  with interest for the same to be compute from the time of the death of her  father in case she have before that time attain her age of year or be marry or  in case she be under that age and unmarried at the time of his death then from  the time of her come of the age of year or be marry which first happen and it  be further order and adjudge that the say sum of pound with interest for the  same to be compute as aforesaid shall be forthwith pay to the respondent by  the appellant or out of the estate in question and the court of chancery in  Ireland be to give all necessary direction for carry this judgement into  effectual execution jour vol p