case george parker appellant mary lamb widow respondent that February Mews dig  xv a devise land to his son b for ninetynine year determinable upon three life  and charge the same with a annuity of pound to his daughter m the testator  afterward demise these land to S for ninetynine year determinable on three  other life reserve a yearly rend of pound hold that the demise be a revocation  of the devise but not of the annuity there be rend enough reserve to satisfy  it viner vol p can vol p can Eq can ab can c Edmund Parker Esq be seize in fee  of a real estate of pound per and and possess of a personal estate of about  pound value and have only one daughter namely the respondent mary make his  will date the that of July and thereby devise as follow item I give unto my  daughter mary pound the one half to be pay at her day of marriage and the  other within twelve month after provide she marry with the consent of my  overseer item I give to my say daughter a annual rend of pound quarterly to be  pay her by equal portion and the first payment to be make from and after my  decease and continue until she marry or die and I do hereby charge the same on  that message or tenement brown common call great Sutton now in the tenure of d  Densham and Libbett or one of they and give her power to levy the same by way  of distress if cause be item I give and bequeathe to my son Wyke Parker all  that my message and tenement with the appurtenance in the parish of Zealmonac  now in the tenure of d Densham or Libbett to have and to hold for ninetynine  year if he his brother John and sister mary or either of they shall live so  long yield and pay to his sister for the same a annuity or annual rental of  pound quarterly to be pay by equal portion from and after my decease until she  attain the age of fourteen year and from thence the annual rend of pound  quarterly to be pay by equal portion and continue until she be marry as  aforesaid or die the testator afterward on the that of November in  consideration of pound grant a lease of the say message or tenement call great  Sutton with the appurtenance to one Walter Levett for ninetynine year if the  say Walter Levett and his then wife and daughter or any of they shall so long  live at and under the yearly rend of pound Payable to the say Edmund Parker  his heir and assign on the d of December the testator lend Thomas William and  Edward William pound and for secure the repayment thereof with interest take a  bind in the name of his daughter mary and on the d of may follow be also lend  to one Robert Nutcombe pound and for secure the same take a mortgage of land  in the name of his say daughter mary in may the testator die and thereupon the  appellant obtain administration with his will annex and possess himself of the  whole real and personal estate and particular of the security take in the  respondent name and for her benefit as aforesaid the respondent have afterward  intermarry with William lamb they in exhibit their bill in chancery against  the appellant in order to recover payment of the say pound portion and to have  the say security deliver up and the arrear of the pound annuity for the  plaintiff mary maintenance pay after some delay the defendant submit to pay  the pound but refuse to deliver up the security pretend that the plaintiff  name be make use of therein in trust for the testator he also refuse to pay  the arrear of the annuity on pretence that the same be revoke by grant the say  lease to Levett brown er p pen this suit the plaintiff husband die but the  cause be duly revive come on to be hear at the roll on the that of march when  his honour direct a case to be state as to the pound annuity say he will  consult some of the commonlaw judge thereon but in the mean time decree the  security to be deliver up to the plaintiff on the d of February the cause come  on again to be hear as to the matter of the annuity when his honour declare  that brown the make the lease to Levett be a revocation of the say testator  devise and therefore dismiss the bill as to that matter the plaintiff  apprehend herself aggrieve by this decree appeal to the Lord keeper wright and  the cause be hear on the that of June his lordship be please to declare his  opinion that the say devise as to the annuity be not revoke but say he will  permit the defendant if he desire it to attend the judge of the queen bench  for their opinion therein which be desire accord those judge be attend on both  side with a case and give a certificate thereon in the word follow we be of  opinion that the devise be revoke quoad the term demise but not as to the  reversion expectant thereupon which be vest in Wyke Parker by the death of the  testator during his term of ninetynine year determinable upon the life mention  in the will but as to the annual payment of the pound the same be not revoke  but be consistent with the devise and ought to be pay John holt July John  Powell Littleton powis the cause be set down upon this certificate come on for  judgement on the that of July when his lordship reverse the decree of  dismission pronounce by the master of the roll and decree the defendant to pay  the plaintiff the arrear of the say annuity to be compute by the master and in  default of such payment the defendant be order to pay the plaintiff her cost  of suit from this decree the defendant appeal allege I cheshire W Norris that  the only ground advance on the part of the respondent be saint that if the  lease be a revocation of the annuity then the respondent will have no  maintenance from the death of the testator to the time of her marriage d that  it be not the testator intention to revoke that part of the will concern the  annuity because in Levetts lease he reserve a yearly rend of pound out of  which the annuity of pound may be pay but to this it be answer that although  the annuity be revoke absolute by the testator grant the lease to Levett two  year and more after the make of his will yet he have provide a better  maintenance for the respondent than the annuity can be namely the interest of  the pound lend on the security take in her name a short time before his death  at pound per cent and about six year after the lease to Levett be grant that  it appear from the proof in the cause that when the testator grant this lease  he thereby intend to revoke the annuity mention in his brown will because  there be a agreement between he and Levett that whenever Levett be able to  purchase any part of the reserve rend of pound per and he shall have the same  for fifteen year value and the reason why the pound be reserve yearly by the  lease be only because of Levetts inability to purchase more at that time that  the tenement out of which this annuity be to issue be by the will devise to  Wyke Parker for ninetynine year if three life so long live he pay his sister  the annuity for the same and two year afterward the same premise be grant by  lease to Levett for ninetynine year if three other life so long live under a  reserve rend of pound per and Payable to the testator his heir and assign and  this lease be in force at the time of the respondent marriage and long  afterward now Wyke Parker be neither heir or assignee of his father and  consequent not entitle to the rend out of which the respondent annuity be to  be pay nor do he in fact ever claim any title to the demise premise be satisfy  that the devise thereof be revoke by the subsequent lease and therefore the  respondent annuity which be to issue out of that devise be of necessary  consequence revoke also on the other side it be say I how that the whole  matter in question be only brown er p pound beside interest and by reason of  the appellant unkindness in oblige the respondent to sue for whatever she be  entitle to she have not only suffer great hardship but have expend more money  than the arrear of the annuity amount to and therefore it be hope that the  decree will not only be affirm with interest and cost but also with the  respondent cost in the court of chancery accord after hear counsel on this  appeal it be order and adjudge that the same shall be dismiss and the decree  therein complain of affirm and that that part of the say decree which give  cost to the say mary lamb conditional shall be make absolute and it be further  order that the appellant shall pay the respondent pound for her cost in defend  the say appeal jour vol p