case hunt versus hunt ux all where a settlement be make void by nonperformance  of a condition yet a reconveyance hold necessary the defendant be son and heir  apparent to the plaintiff who have a estate of about pound per and and the  defendant be about to marry Elizabeth wright who be not above year of age the  plaintiff by lease and release the that and that of October settle and convey  his estate to trustee and their heir and as to one part to the use of himself  for life remainder as to that part after his death and as to the other part in  possession to the use of the defendant for his life remainder to the intend  wife for her life for her jointure remainder to the first and other son c in  the usual form and in the release be a proviso that if the marriage do not  take effect or if it take effect and Elizabeth shall not when she come of age  by fine or otherwise join in charge a estate she be then entitle to of about  pound per and with the sum of pound to be pay to the plaintiff then the say  indenture of lease and release and settlement be to be absolute void to all  intent and purpose the marriage take effect and about half a year ago the wife  attain her age of year but find her own estate of more value than that settle  upon her in jointure she and her husband refuse to join in charge it with the  pound whereupon this bill be bring against they and the trustee to have a  reconveyance precedent in chancery it be insist for the defendant that here  need none because by the proviso on the defendant refusal the estate limit to  they be to cease and be void but the court think that not sufficient without a  reconveyance be in case of a freehold precedent in chancery er p then it be  insist for the plaintiff and the bill be for that purpose likewise that he may  have a account and satisfaction of the mesne profit receive by the defendant  from the time of the settlement and it be say that by the proviso the estate  be to cease and be void on the defendant refusal the plaintiff ought to be  restore to all benefit and advantage which he have part with as if no  settlement have be make and consequent to the rend and profit receive by the  defendant but my Lord chancellor decree a reconveyance and a account of the  rend and profit only from the defendant refusal after his wife come of age and  no cost on either side for it be say this be not a condition precedent but  subsequent to the vest of the estate in the defendant precedent in chancery de  boundary S the number three in curian porter