brown case Moreton slaney appellant robert slaney and other respondent that  may Mews dig twelve r S on his marriage covenant to lie out pound in the  purchase of land of inheritance to be settle on his wife for life and that the  reversion shall descend to the child or child of the marriage there be issue  three child but no purchase or settlement be make pursuant to the covenant r S  by his will give his old son sundry debt amount to about pound and have make a  provision for his daughter he give the residue of his estate which be all  personal and amount to upward of pound to his young son hold that the old son  shall have a satisfaction for the pound and interest out of his father asset  decree of the master of the roll reverse that money article to be lie out in  land shall be take as land in equity and descend to the heir see I salk p wms  p wms and post can of this title by article date the that of August make  previous to the marriage of Robert slaney the father with Ann the daughter of  Elizabeth Moreton widow he the say Robert slaney in consideration of the  marriage and of pound the portion of the say Ann covenant with the say  Elizabeth Moreton her executor administrator and assign that he will within  three year after the marriage lie out pound in the purchase of land of  inheritance in possession or a lease for life to be settle on the say Ann for  life for her jointure and that the reversion of the say land or lease shall  descend to the child or child of that marriage the marriage soon afterward  take effect and there be issue of it three child namely the appellant the  respondent Robert slaney and Elizabeth the late wife of the respondent Robert  Moreton but no purchase or settlement be ever make pursuant to the article in  Ann the wife die and in August Robert the young son marry on which occasion  the father settle upon he a real estate of pound per and in possession and the  reversion of another real estate of pound per and on the that of August the  father make his will and after direct his just debt to be pay he give to the  appellant his old son several debt which be due to the testator from John  finch John sparry Andrew Thomas and William brown er p Mutchall amount to  about pound together with all bind and security for the same he also give to  the appellant two daughter pound apiece when of age and after some other  legacy the testator devise all his real estate in Kemberton Grindle and Ryton  of about pound per and to his son Robert for his life and after his decease to  the appellant in fee and all the residue of his personal estate which amount  to upward of pound he give to his say son Robert and appoint he sole executor  brown in August the testator die whereupon the respondent prove the will and  possess himself of all the real and personal estate of the testator together  with all his deed and write the appellant be a total stranger to the  marriagearticle during all his father lifetime but one part thereof have at  the time of execution be leave in the hand of Elizabeth Moreton party thereto  the same after her death come to the hand of one Dorothy Scruton her  representative and sometime after the death of the testator this part be find  by mrs Scruton and deliver to the appellant who send a copy thereof to the  respondent request a performance of the covenant but the respondent refuse to  comply with this request the appellant in Trinity term exhibit his bill in  chancery against the respondent and other proper party pray either that the  covenant in the marriagearticle may be specifical perform or that the  defendant Robert slaney may pay the plaintiff the pound thereby covenant to be  lie out in land with interest from his father death on the d of February the  cause be hear at the roll when his honour be please to order the bill to be  dismiss but without cost and the defendant slaney have hasty get this decree  sign and enrol the plaintiff be thereby preclude from rehear the cause or  appeal to the Lord chancellor he therefore bring the present appeal and on his  behalf it be say r Raymond S Cowper that the only reason on which the decree  be ground be saint that from the great length of time which have elapse since  the date of the article without any performance or execution thereof be  require it ought to be presume that the benefit of they be waive and d that if  the article be still in force yet the legacy give to the appellant by the  testator will ought to be take as a satisfaction of what he may be entitle to  under these article as to the length of time it be insist that under the  circumstance of the case the same ought not to hinder the performance of the  article for by the express tenor of they the father have three year to make  the purchase and settlement before her can even be require to make it that he  be in very great business as a iron master and employ all his substance in  that trade so that he may not think it so proper for he to purchase land as to  apply his money in a trade by which he afterward acquire so considerable a  fortune That Elizabeth Moreton with who the covenant be enter into and who  have one part of the article in her custody die in June and the appellant  mother die in November during all which time the appellant be under age so  that there be no person capable of call upon the father for a performance of  the article until the appellant attain his age and even then as it may  reasonable have be expect that his father will leave he a much large fortune  than what he can claim under the article he can not be blame for not run the  risk of disoblige his father by brown compel a performance of these article  and as to the suppose recompense under the will the several debtor therein  name who debt be give to the appellant have all die insolvent near thirty year  before the will be make so that the give those debt amount in fact to nothing  at all as the appellant can never be one farthing the better for that bequest  neither be the devise of the reversion of the real estate of any great value  to the appellant as he may probable in the course of nature die before his  young brother but let the value of this devise be what it may yet as by the  article if they have be perform the appellant upon his father death will have  be entitle to a estate in possession the devise of a estate in reversion can  never be deem a equivalent or satisfaction and in case of the appellant death  before the respondent his young brother he though heir at law will not have  have one farthing by his father will nor any provision make for he in his  father lifetime but admit this devise reversion to be of the full value of  pound the money brown er p covenant to be lie out yet still it be conceive  that the appellant ought to have the benefit of the article and be in the same  condition as if a settlement have be make within the time thereby limit for if  such settlement have be so make the appellant will not only have enjoy the  provision which his mother purchase for he under the article but also whatever  his father shall have give he or the law have cast upon he and if otherwise  the respondent his young brother will go away with a estate real and personal  of the value of pound on the other side it be argue I Jekyll t Lutwyche that  after so great a length of time and no demand make for a performance of theme  article they ought to be presume to have be satisfy in some other manner and  the nature of this satisfaction be very apparent by the proof in the cause for  the testator not only give the appellant a liberal education at school but be  at the expense of maintain he a long time at the university he afterward place  he with a considerable fee to a attorney support he handsome during his  clerkship and then give he a large sum of money to set out with in the world  that the testator have not only give the appellant by his will the debtor  before mention and pound to his daughter but also the reversion in fee of his  devise estate after the respondent death which reversion be worth at least  pound as the respondent will give he that sum for the purchase of it if he be  inclinable to sell the appellant have likewise under the respondent  marriagesettlement the reversion of the estate therein comprise which be worth  pound in case the respondent shall die without issue male and which be high  probable as he have be marry eighteen year and have only one daughter about  seventeen year of age that suppose a specific performance of the article have  be in due time demand and land have be purchase and settle accord yet as such  land be thereby to descend to the child or child of the marriage it may have  be a matter of brown great doubt whether the old son will have be entitle to  the whole however upon all the circumstance of this case there can be no  ground for a execution of these article and therefore the dismission of the  appellant bill be perfect just and reasonable and ought to be affirm with cost  but after hear counsel on this appeal it be order and adjudge that the decree  shall be reverse and that the appellant shall have a satisfaction of the sum  of pound with interest to be compute from the death of Robert slaney his  father together with his cost of this suit out of the asset of the say Robert  slaney and that the court of chancery shall give proper direction in order to  the appellant receive such satisfaction journ vol p