case hayward versus angel February in court Lord keeper portion give by will  to daughter upon condition they release certain land to the heir one die  without release whether the portion of the other daughter shall be pay upon a  demurrer to a bill of review upon a decree make by the Lord chancellor  Nottingham the error assign be that the defendant wife father have give  portion to his daughter in case they shall release to his heir their right to  certain land such a condition be to be take distributive I e that they only  shall forfeit who shall not release haw v Warner post vol one of the daughter  happen to die before she have give any such release and therefore the heir  refuse to pay the portion and thereupon the other daughter have exhibit their  bill to be relieve they be dismiss whereas the portion be two thousand Vernon  chancery case pound to each daughter and the land to be release be not worth  pound and the performance of the condition be prevent by the act of God for  the demurrer it be argue that this be a condition precedent and be not perform  there can be no relief and cite fry and porter case and that this case be much  strong than that for the word be if his daughter shall release Vernon chancery  case er p then he appoint they such and such portion upon condition they shall  release c so that the condition be double and be as full as can possible be  pen to exclude the daughter from all benefit of their portion unless they  shall release and sergeant Maynard will have it to be strong than a ordinary  condition precedent it be if they shall release then he give c and say there  be a difference between a condition in the give a portion and a portion give  upon condition form the former case the portion do never arise unless the  condition be perform but the Lord keeper incline to overrule the demurrer and  say in all case where the matter lie in compensation be the condition  precedent or subsequent he think there ought to be relief vide Popham v  bampfield ante p bertie v Lord Falkland post vol salk SC where hold by Lord  summer that where a condition be precedent this court can not relieve where  nonperformance but that decree reverse in the house of lord and by agreement  the sign and enrol the decree be set aside and the cause to be hear de fresh  troops demurrer overrule Reg lib a fol