case berty against lord falkland devise to a in case that within three year  after his death she shall marry Lord Guildford and then if not devise over  proposal be make to Lord Guildford and refuse she marry another person decree  this be a condition precedent to the vest the estate which not be comply with  the estate to go over a see king v chandler ld ray Wallace v king h Bl Rep b  see Fletcher v Ingram ld ray Mod salk modern report er p Qure whether not  determine otherwise in the house of lord S c Eq Abr S c salk S c Ch Cas S c  vern S c holt S c Freem the case be John caryi the testator be seize in fee of  the land in question by his will the ten of September devise they to diverse  trustee thereinmentioned and their heir under several trust thereinmentioned  videlicet to the trustee for the first three year after his decease to take  the profit and employ they to the several use appoint by he and afterward the  trustee to stand seize in trust for his niece honour Willoughby now wife to  the plaintiff for her life in case she shall within three year next follow  after his decease be lawful marry to Francis Lord Guildford and in case the  marriage shall take effect then the remainder to the issue male beget on her  body by the say Lord Guildford but if there be no such issue or in case the  marriage shall not take effect and be solemnized within three year then the  trust be devise to Anthony Lord Faulkland for his life remainder to his first  son in tail c and for want of such issue to Edward caryi for life remainder to  the first son in tail c who be the present Lord Faulkland and now defendant  the twenty of the same month the testator make a codicil recite therein his  devise to his niece Willoughby and thereby declare that it be his will that if  the say marriage do take effect before the age of consent of they or either of  they that unless the say marriage shall be confirm by both the party at the  age of consent the say niece shall have no benefit by the say trust limit but  they shall cease unto her I caryi the testator die after which there be some  transaction between the trustee of Lord Guildford and mrs Willoughby concern  the say marriage but there be some misunderstand between they and by a order  of Lord chancellor jefferies on a petition to he it be order that the young  lady shall not be marry to my Lord Guildford unless he will consent to the  proposal make by mrs willoughby trustee the three year expire and mrs  Willoughby never marry to my Lord Guildford but in the year marry Mr berty  Anthony Lord Faulkland die without issue Edward caryi die and Mr berty and his  wife exhibit their bill against the trustee of I caryi and the first son of  Edward caryi the present Lord Faulkland to have a account of the profit of  modern report I Carys estate and to have a conveyance execute to they accord  to the trust in the will upon which the question be whether see there be no  marriage have within three year and there be no fault in the young lady she  shall be relieve in equity and have this estate decree to her for life  remainder over to the heir of her body by Mr berty beget and it be adjudge by  summer Lord chancellor assist by holt chief justice and Treby chief justice  that the plaintiff can have no relief holt chief justice all letter and  discourse of the testator of his kindness to his niece ought to be total  reject because both before the statute of fraud and perjury and especial since  we ought to confine ourselves to the word of a will and not have recourse to  any thing extrinsical or dehors for to explain a will by other paper and  declaration will be to make they part of the will whereas a will be a complete  act of itself and repeal all former will S and declaration whatsoever in this  case the plaintiff can have no relief first because this estate be give to mrs  Willoughby on a condition precedent of her be marry to Lord Guildford in three  year now the nature of a condition precedent be that it must be perform before  ever the estate can vest a and if the performance of the condition become  impossible by the act of God yet the estate can never accrue to her b so if it  become impossible by any other inevitable accident as in this if Lord  Guildford have die within the three year after the death of caryi before  marriage with mrs Willoughby whereby the condition become impossible by the  act of God yet the a reeves v hearne viner Abr Harvey v Aston atk pullen v  ready will atk Reynick v Martin atk will Randall v pain brown c c Mansell v  brown brown c c b Popham v Bamfield vern Thomas v Howell salk modern report er  p land can never accrue to her c this be the law I know of no contrary  precedent in equity the relief therein have always be in case of subsequent  condition which determine a estate and be not favour in law as to which if the  condition become impossible the estate shall not be defeat but as to a  condition precedent the law require strict performance and if that become  impossible the estate can never arise and as the law be so so be apparent  second the intent of the testator for he give on a condition which he know be  not in the sole power of his niece to perform but then three that which make  it beyond all contradiction be the codicil which show that be intend to give  her the estate on condition that there shall be a indissoluble estate between  her and Lord Guildford and the estate after her death be only give to such  heir male as shall be beget on her body by the Lord Guildford modern report  where a estate have be give on condition and the substance of the condition  have be perform there equity have relieve because the testator aim at  substance and not at circumstance this be the case of Popham v Roger a devise  be make of land to sir f Popham on condition he shall let twothirds thereof  descend to his heir he do not do so but permit other land to the value of  twothirds to descend and it be hold in equity to be a sufficient performance  of the will because the design of the testator be to make sir f Popham a good  husband to provide for his posterity and the intent of the testator be satisfy  thereby now here the intent be that she shall marry Lord Guildford she marry  one who it do not appear caryi have any kindness for the case of fry v porter  b be strong than this mrs Willoughby be in no fault at all she do what honour  and modesty will permit and so Treby chief justice agree it be a hard case but  can be help the will of the testator ought to be observe and his estate in the  same manner and on the same condition as he limit it summer Lord chancellor  mrs Willoughby be to take on a condition precedent nothing be to vest in her  until after three year at which time if she be not marry to Lord Guildford the  trust be to vest in Lord Faulkland the previous declaration of his intention  signify nothing the will be a express revocation of they all as for the  condition not be literal perform if my Lord Faulkland have do any unfair act  to hinder her marriage he be to have advantage by it equity may have relieve  but on the other hand I be not clear that she shall be relieve if my Lord  Guildford have die or refuse to marry her it may be a hard and unreasonable  disposition we can help that we can make a new will he differ in think she  have do all that can be do by her for she put term on my Lord Guildford where  the will put none and which can not be reasonable require but however that be  the precedent condition be not perform and it be not material to they in  remainder what the reason of it be it can be in this case object that the  condition be perform in substance because the condition be of a thing which  can be value pay of money or convey a estate be of a thing which will admit of  a valuation but this case of marriage can then the proceed in the time of the  chancellor jefferies it plain appear by the suggestion of the petition and the  order thereon that modern report the Lord chancellor be not inform of the  whole matter and it be evident they design he shall not for there be only a  petition and do formal bill wherein all person interest may be make party to  it and have be beard what they have to say relate to the same on the whole  matter I think the lady be to have no estate but on performance of the  condition precedent which she never do perform I do not see that anything be  sincere do on her part to answer the intent of Carys will there be a great  deal do in a colourable manner but she absolute refuse the proposal make by  Lord guildford trustee or do as good now the defendant be a stranger to all  these proceed and therefore I think on the whole that the trustee ought to  execute the estate to Lord Faulkland and the heir male of his body remainder  to the right heir of caryi the testator and Mr bertys bill be dismiss c Peyton  v bury Peer wms Graydon v Hicks atk Jones v Suffolk brown c c b vent raym lev  Mod keb keb Eq Abr Chan case Chan Rep modern report er p a appeal be have to  the house of lord where no determination but end by compromise