case baskervile versus baskervile and lady gore all December pre Ch S c a on  the marriage of his son with b a widow article to make a settlement in  consideration of a portion of pound to be pay to he pound of the portion be  tie up by article on b s first marriage it can not be pay on bill bring by the  father the article be decree at the roll to be perform in six month or deliver  up upon a appeal to the Lord keeper he decree the son to make good the pound  he be a party to the article and also bind by the wife covenant who have  thereby while sole covenant for payment of the portion baskervile the father  upon the treaty for the marriage of the defendant his old son with mrs Reymer  widow the daughter of the lady gore by article of April Vernon chancery case  er p between baskervile father and son on the one part and mrs Reymer and  William gore uncle on the other part baskervile the father covenant in  consideration of the intend marriage have and of payment of the portion of  pound he will settle on his son for life part for jointure remainder of the  whole upon the first son c the covenant be that in consideration that it be  agree that baskervile the father shall receive of the say jane Reymer widow  the sum of as the marriageportion of the say jane he shall within six month  after the say marriage on payment of the say marriage portion settle upon the  defendant gore and one Popham and their heir for ever the premise in the bill  mention of the yearly value of pound for the use of defendant Richard  baskervile for life without impeachment of waste then charge with pound per  and free from all tax to the defendant jane for her life for her jointure  remainder as to the whole to the child of the marriage as therein mention  remainder to the right heir of the say defendant Richard for ever and there be  a further agreement as to other land of baskervile the father and that after  the death of Richard such alteration shall be make in the say settlement as  all party shall agree upon by limit portion only to daughter in case of no son  or otherwise as shall be think convenient so as the annuity to the defendant  jane shall not be prejudice the portion of the daughter to be pound and it be  further agree that the defendant Richard baskervile shall have the rend of the  land that be not let from the time of the marriage and of such as be let the  rend due after the marriage and that baskervile the father shall have the  interest of the defendant jane portion after the rate of pound per cent per  and until the portion be pay or tender to he and it be further agree that the  say defendant Richard or his heir shall within six month after the marriage  pay to baskervile the father pound with interest at live per cent per and  until pay and that the land settle on he in possession shall be charge with  the same r l it fall out that pound part of the intend portion upon her first  marriage with Mr Reymer be lodge in the hand of trustee to be invest in land  and settle on Reymer ux for life remainder to their issue remainder to her  child by any other husband remainder to the right heir of Reymer so that this  pound can not be pay to complete the portion as be intend and until the whole  portion be pay baskervile refuse to settle the marriage be have and there be  several child and baskervile the father want the portion to provide for his  young child bring his bill against his son and daughter and William gore the  to have the portion pay or Vernon chancery case article deliver up and a cross  bill be bring to have the article perform and a settlement make in proportion  to so much of the portion as can be raise and pay the cause be first hear at  the roll and there decree the article to be perform in six month or deliver up  to be cancel that Feb afterward that may the case be reheard at the roll and  the decree affirm save that his honour enlarge the time by the say decree give  for payment of the pound six month further r l upon a appeal to the Lord  keeper he hold the decree so far to be good that baskervile the father can not  be compel to settle without have the portion pay but inasmuch as the marriage  be have it will be very hard to discharge the marriagearticle and the son be a  party to the article he be of opinion that the son be bind to pay the portion  and if he have not be a party to the article yet his wife while sole have  covenant for payment of the portion the husband after marriage will be bind to  perform that covenant and therefore decree the husband to make good the pound  of the portion within six month and if he shall make default in payment of the  say pound then the defendant lady gore or the trustee or any other person be  at liberty to lie down the say pound if they think fit and for security  thereof to take a mortgage from the say Richard baskervile of the reversion of  a certain estate therein mention to be settle on he reserve to he the equity  of redemption thereof and which mortgage the say Richard baskervile be thereby  decree to make and if the say Richard baskervile shall undertake to pay the  interest of the say pound from time to time then a five part of the rentcharge  of pound to be settle by the plaintiff on the defendant jane be to be strike  off in respect of her pound which be not in her power but if the say defendant  Richard baskervile shall not covenant Vernon chancery case er p to pay the  interest of the say pound as aforesaid then it be order and decree that the  interest of the pound settle by the article of the that Feb which be the  article of settlement make on the marriage of the say defendant jane with  Richard Reymer her first husband shall be subject to pay the interest of the  say S which shall be advance during the life of the defendant jane and she in  such case be to have the whole pound rentcharge accord to the article and upon  payment of the say pound unto the plaintiff Thomas baskervile as be before  direct it be order and decree that the say plaintiff Thomas baskervile do make  a settlement accord to the say article and as to the profit of the estate  intend to be settle receive by the say plaintiff Thomas baskervile the father  it be order that the say profit be set against the interest of the say portion  which the say Thomas baskervile be to have receive but the profit of the say  estate which from this time shall be receive by the plaintiff Thomas  baskervile be to be pay to the defendant Richard baskervile his son Reg lib a  fol enter baskervile the report of this case in pre Ch ub sup differ from that  in Vernon the editor have state it more particular than may otherwise perhaps  have be necessary in marriage agreement though either of the relation of the  husband or wife shall fail in the performance of their part yet the child may  compel a performance for the child consider as purchaser be entitle to all the  benefit of the use under the settlement notwithstanding there have be a  failure on one side per Hardwicke Lord chancellor Harvey v Ashley atk