case CHOMLEY versus CHOMLEY in court Lord chancellor loveliness die maii Eq  can ab pl SC post case by article make on the marriage of Mr Nath Chomley with  the daughter and only child of sir Hugh Chomley Mr Chomley covenant to lie out  forty thousand pound in land and to settle one thousand pound per and thereof  in jointure which be to be in lieu of dower and all demand out of his personal  estate with a covenant that she will not claim any part thereof and to settle  the whole on the first and other son of that marriage in tail male sir Hugh on  his part covenant to give in marriage with his daughter five thousand pound  down and pound at his death and to settle his whole estate on the issue male  of this marriage if there shall be any provide that sir Hugh with the consent  of Nathaniel may alter change and make void the use c in the article sir Hugh  be great indebt to the full value of his estate and unable to perform the  article on his part but Nathaniel in his lifetime purchase land of the value  of one thousand and fifty pound per and and settle a jointure accord to the  article and afterward die within the province of York be also a freeman of the  city of London and possess of a personal estate of the value of about twenty  thousand pound and leave issue two son and a daughter the plaintiff his  brother be his executor bring his bill for the direction of the court how and  in what manner the personal estate shall be dispose of Vernon chancery case  the first question be touch the proviso for change and alter the article  whether that shall be intend only as to the estate that sir Hugh be to settle  for if the proviso do not extend to both estate but shall be take to relate to  sir Hugh only then the covenant of Mr Nathaniel Chomley for lie out forty  thousand pound in land will swallow up his whole estate and there will be  nothing leave for the young child the word of the proviso accord to the  register book be provide that it shall be lawful for the say sir Hugh Chomley  with the assent of the say Nathaniel Chomley in write first have to alter and  make void all or any of the condition settlement and limitation of estate and  estate therein agree to be make or do as if those article have not be make and  that the same power be reserve in all the deed settlement and covenant therein  to be make by virtue of the say article and that sir Hugh shall have power to  make a jointure and to charge portion as therein mention and as to that the  lord commissioner come to no determination but commit the care of the whole of  the personal estate of Nathaniel Chomley to his brother the plaintiff John  Chomley under the direction of the court to receive and get in the same and to  lie it out in land and subject to such trust and disposition for the benefit  of the child as the court shall from time to time declare and direct allow  pound per and over and above the value of the land descend to the heir and  maintenance also allow to the child to be increase from time to time as the  court shall direct the heir of Nathaniel Chomley not to be bind by that order  in case of the death of the child and the widow to have her jointure free from  encumbrance accord to the article Reg lib a fol second admit that the article  be not bind but be avoid pursuant to the proviso then if the custom of the  province of York be to take place there be about fifty pound per and in  possession descend on the heir he be thereby exclude from have any part or  share of the personal estate as to this point the court be clear of opinion  that Nathaniel Chomley be a freeman of the city of London the custom of the  city for the distribution of his personal estate shall prevail and control the  custom of the province of York keg lib a fol Vernon chancery case the three  question be whether the widow who by the article be to have no part of her  husband personal estate more than what he shall leave her by his will and he  have thereby give her pound shall have the jewel which her husband have  present her with in his lifetime and it be urge there be the less reason to  allow her they in regard her portion be never pay the court refer it to a  master to state the whole matter special to the court Reg lib a fol Vernon  chancery case er p