c the earl OF Feversham v watson S c Rep tempt finch Lord chancellor chief  justice north chief baron Montague portion conditional to settle land post  case the plaintiff marry one of sir George Sandss daughter and upon the  marriage it be agree by article that the plaintiff shall settle pound per and  for separate maintenance and shall do several other thing and likewise shall  purchase pound per and within twenty mile of London and settle it upon himself  for life remainder to his intend wife for life with remaindersover and sir  George sand do article so soon as the plaintiff shall perform the premise that  he will settle pound per and upon the plaintiff for life remainder to his wife  for life and so to the first and ten son the plaintiff do perform all that be  to be do of his part except the purchase of the pound per and and before that  be do his wife die without issue the plaintiff prefer his bill against the  defendant who marry the other daughter and heir of sir George sand to have the  estate of pound per and execute to he for life accord to the article have  perform all of his part but the settle of the pound per and and in that he be  prevent by the death of his wife and it be likewise prove that sir George sand  do say in his lifetime that it shall be no prejudice to the plaintiff although  he have not yet purchase the pound per and but shall take his own time for do  of it and great many expression of this kind from sir George be prove and be  insist upon b that the plaintiff counsel to be in the nature of dispensation  with the performance of that part of the agreement freeman but the court  seriatim deliver their opinion against the plaintiff for that what be to be do  by the plaintiff be in the nature of a condition precedent and ought to have  be do whole before the defendant be oblige to do what be to be do on his part  and as here the plaintiff can not bring his action of covenant at law without  averment of performance of the condition precedent so neither shall he in  equity have a execution of the estate without do that which by the agreement  of the party ought first to be do and the plaintiff ought at his peril to have  perform what he be to do in the lifetime of his wife Vermuden v read I vern  Cranmer v duke of Southampton post c and on appeal to h of l show p c post c p  Baskerville v Baskerville vern and this case be the more strong because all  the act that the plaintiff have do be no prejudice to he for although he  entail his estate upon the issue of his wife yet she be now dead without issue  he be absolute owner of the estate again but if the plaintiff have pay a great  sum of money or such like though he have not full perform everything yet it  may be he may have be relieve so as to have have the estate execute or a  compensation for his money and per cancellar if the wife have leave issue the  issue may have have relief here for there be no default in the issue that the  condition be not perform but here it must be intend that if sir George sand  have be live he will not have agree to have the estate so settle his daughter  be dead without issue and the case of cheek and Lord Lisle post appendix c and  c be cite to be a strong case than this for there the party have four year  time to make a settlement and the wife die in the four year time and yet the  set lie not be make the party can not be relieve and per north the chancery  will never force the execution of a estate but either where the agreement be  in write or else where a valuable consideration be pay or perform of one part  and it must not be a trifle consideration as the payment of twenty shilling or  such like for this court will not compel the execution of a estate thereupon  where the agreement be not in write Tota curian contra queren In Popham V  Bamfield I vern this decree be say to have be reverse in the h of l but Lord  Nottingham c at the same time that he advert to this fact observe that the  court of chancery will never vest a estate where by reason of condition  precedent it will not vest in law and his lordship do not seem to feel freeman  er p himself estopped by the judgement of the h of l upon the principal case  again in caryi v bertie vern post c p Lord summer c decide and the chief  justice holt and Treby concur with he that against a condition precedent there  can be no relief in chancery but this last name case be also reverse in the h  of l these reversal by the tribunal of the last resort unless they can be  distinguish by peculiar circumstance certain weaken the general current of  authority accord to which it be hold that the strict performance of a  condition precedent can in any case be dispense with in equity more than at  commonlaw nor even as to condition subsequent unless full compensation can be  make it will be observe that the judgement of the h of l last allude to be  give upon a case of devise to some degree in restraint of freedom of marriage  as to which perhaps a great latitude of construction be think proper but this  will not remove the difficulty as to the reversal of the decree in the text  above which arise out of a express contract inter live see post c b p Reg lib  a fol the court all agree that as the say article be enter into upon great  advice and consideration and without surprise and as they contain and plain  express the full intention and meaning of the party and particular as this  article respect the pound be pen in quite a different manner from the rest of  the article for all the other thing which be to be do have a certain time fix  for do they but the settlement of the pound have no other time prefix for it  but after the purchase of a estate of pound per annum and as it do not appear  by sufficient proof that the party ever come to a new agreement or dispense  with a performance of the article on the plaintiff part for it will be  dangerous to allow casual discourse to amount to a dispensation of a agreement  under hand and seal and although the plaintiff have make some progress in  comply with the article yet no benefit thereby accrue either to the late earl  or the now defendant but the whole advantage thereof do redound to the  plaintiff and especial for that the settlement to be make by the plaintiff be  in the nature of a condition precedent which can be dispense with in equity  which can change the contract of party or mend those agreement which they make  between themselves and although have these article be pen so that each party  have depend upon reciprocal covenant there may have be some colour to decree a  performance to the plaintiff although there have be no performance by he  because he may have recover damage at law without aver performance on his part  but where a covenant be pen by way of precedent condition as no action lie at  law without aver performance so it be plain in equity a covenanter under such  a contract be not liable until the precedent condition be perform if the  plaintiff have such a legal advantage by the pen of his covenant as that he  can have compel the defendant to perform his part peradventure this court will  not have restrain he but where the plaintiff seek a extremity in equity and  will take away pound a year from a infant heir from who the law do not take it  there it will be very wrong to make such a decree if indeed the plaintiff wife  have be live or have leave any issue there may have be some ground for relief  for the equity of the contract have be still subsist but the death of the wife  without issue dissolve the whole contract therefore their lordship unanimous  agree that the bill ought to be dismiss