c Duffield smith S c vern Eq can ab Duffield upon marriage settle his land to  the use of himself for life then to his wife for life remainder to the first  son and the heir male of his body c and for default of issue male remainder to  the issue female until the heir or assignee of Duffield shall pay they pound  remainder to his own right heir and afterward he and his wife die leave issue  a son and a daughter the son die without issue male give his sister the value  of pound and settle the land upon the plaintiff for life with remainder over  the defendant who marry the daughter prefer his bill for this pound and it  appear to the court that they have a estate at law by the limitation in the  settlement the bill be dismiss and thereupon he bring a ejectment and recover  at law and now the plaintiff prefer his bill to be relieve upon a presumption  that this pound be give in satisfaction of the pound and shall be so take and  Trevor and Hutchins be of opinion that it shall be so presume and that the  plaintiff ought to be relieve for that the son after he have give this pound  and dispose of the estate and give the plaintiff but a estate for life in it  can never intend that he shall raise the but Rawlinson be of another opinion  freeman in regard that no such intent do appear and here the defendant be heir  at law and though sometime such intendment have be take here in favour of the  heir at law hinchliffe v hinchliffe Ves and when the circumstance of a family  have be very mean and low yet here it be against the heir at law who also have  the estate in law and in many case where this court will not relieve where the  party have no estate in law yet where the party have the estate at law it will  not take it from him And the final judgement in dom proc upon appeal be in  conformity with the opinion of Rawlinson see journ h l vol xv p Reg lib a fol  the lord commissioner be of opinion that Andrew Duffield the son never intend  that the plaintiff who he have by his will make only tenant for life shall pay  the defendant pound out of his real estate when he and his father have  otherwise so liberal provide for they and therefore decree the defendant to  execute a reconveyance and release of the settle premise to the plaintiff and  award a perpetual injunction against the defendant to stay their proceed at  law on the say deed of settlement but see note above