case Bonham versus Newcomb in court Lord keeper vent Ch can S c ante case  pound this cause come on to be hear de fresh troops before the Lord keeper he  adhere to his former opinion that there ought to be no redemption in this case  and principal because it be prove in the cause that the intent and design of  the mortgagor be to make a settlement by this mortgage and that he intend a  kindness and benefit to the mortgagee in case he shall not think fit to redeem  this estate in his lifetime and that there be a express covenant that the  mortgagor may redeem at any time during his life he think he can not in equity  have be debar of that privilege for by a bill to foreclose a man you shall  only bar he of his equitable title when the estate in law be become forfeit  but where he have a continue title at law as in this case a express proviso  that he may redeem at any time during life he think equity can not debar he of  that privilege and therefore be the mortgagee in the present case can not have  compel the mortgagor to redeem and he may have live so long as to have make it  a ill bargain and now when by a contingency it happen to be a good bargain  there be no reason to raise a equity Vernon chancery case from thence to take  the estate from the mortgagee especial in this case there be a kindness and  benefit intend he by the mortgagor and therefore reverse the Lord nottingham  decree and dismiss the original bill for a redemption Reg lib a fol and this  dismission be afterward may affirm in parliament journ house of lord vol Vid  Bonham v Newcomb vent and Bricker v Whatley Vernon chancery case er report  date case Bricker versus Whatley distinguish pain v Wagner sim Warrington v  Warrington hare merchant v crag Bea v in re Dixon byram v Tull Ch d follow in  re wile de g m g Gordon v Whiddon Bea v Cf Dias v de livera App Cas for effect  of marry woman property Act pound Vict c see in re march Mander v Harris Ch d  Ch d in re jupp jupp v Buckell Ch d April in court Lord keeper Eq can ab pl  legacy give to a b and c and the wife of c equal to be divide among they c and  his wife shall have but onethird a man by his will after debt and legacy pay  give all the residue and surplus of his estate to a b and c and the wife of c  equal to be divide among they share and share alike The word of the will as  state in the register book be as follow he give and bequeathe the rest and  residue c his debt and funeral expense be first pay in equal share between his  kinsman the plaintiff Richard Bricker the plaintiff Christian Bricker his  sister and the defendant his cousin Stephen Whatley and Hester his wife equal  to be divide among they r l the only question be whether c and his wife shall  be take as one person and so have only onethird part of the surplus or shall  be take as two person and so be entitle to a moiety A purchase a copyhold and  take a surrender to himself and his wife and daughter and their heir the  husband and wife as one person take a moiety by entireties and the daughter  the other moiety and the husband mortgage it and afterward die it be adjudge  void for the whole and no relief in equity back v Andrew post vol it be urge  that by the word equal to be divide betwixt they they take as tenant in common  and not as jointtenants and therefore must take as two person Vernon chancery  case er p and that in this case there shall be no survivorship but if the  husband die his share shall go to his executor and not to his wife and by Mr  solicitorgeneral if land have be devise in like manner the husband and wife  shall take by moieties and as distinct person vide green on they of crew v  king Blackst but it be prove in the cause that the wife be only of kin to the  testator and not the husband the Lord keeper be of opinion that the husband  and wife shall have but one thirdpart Littleton sect et vide   Litt a and for  distinction between joint estate to two before they marry and after marriage  have   Litt b and case refer to in note there and the rather for that he  observe the two and in this devise videlicet to a b and c and W his wife and  though a man may devise to ten person and add a and betwixt every person name  yet it be not natural or usual to add a and till you come to the last person  Reg lib a fol