brown case james foubert et ux appellant thomas turst and other respondent  that December Mews dig viii thirteen rainy v Ellis l t n S a contract make in  France on the marriage of two people of that nation who afterward take refuge  and live in England shall be carry into a specific execution here although the  term of it refer to the custom of parish viner vol p can Prec in Chan Eq can  ab c by a marriage contract date the that of April make in France between the  respondent turst and Susan Menois his late wife it be inter alian stipulate as  follow videlicet the intend man and wife shall be joint and common in all good  movable and acquisition immovable pursuant to the custom of parish  nevertheless they shall not be bind for the debt of each other make and  contract before the celebration of the say marriage and if there be any they  shall be pay by the party that have make and contract they out of his own  estate and that the other party nor his estate shall be any wise oblige  thereunto in consideration of which marriage the say Dannett mother to the say  intend wife do promise to give down with her say daughter as a marriage  portion the sum of livres tournois beside clothes linen and suitable apparel  of her the say intend wife for her and for her own use all which shall be  deliver and pay unto he the say intend husband the night before the nuptial  one three of which sum of livres tournois shall be cast in the community or  joint stock the other remain two three shall be the proper estate of the say  intend wife and of her heir of her part as also all which shall or may  hereafter come to her the say intend wife by succession donation or otherwise  whatsoever the survivor of either of the say intend husband and wife shall  have and take by preciput out of the movable good of the say intend community  the sum of livres tournois accord to the estimate or inventory which shall be  thereof make without raise the value of such good or else the say sum in money  winch shall be leave to the survivor choice in case the say intend wife shall  survive her say intend husband it shall be lawful to and for her and her heir  to renounce the say community and take back all which she bring at her  marriage and what shall or may have come to her during the same by donation  succession or otherwise whatsoever as also in case the say intend wife shall  survive neither her jointure or preciput shall be liable to the payment of the  debt of the say community although she shall have oblige herself thereto or  have be condemned thereto the marriage soon afterward take effect but there be  no issue of it nor a probability of any the husband and wife in June enter  into a second agreement whereby in order that the survivor may have the more  plentiful subsistence it be brown agree that the survivor shall have and enjoy  the whole estate that be in common between they accord to the custom of parish  provide there be no issue in the year turst and his wife on account of the  persecution which then rage in France flee over to England and have be  successful in trade they bring part of their property along with they to the  amount of about pound sterling but be oblige to leave a considerable part of  it behind and which be consequent lose in August mrs turst die in England  without issue leave her husband survive and in Michaelmas term the appellant  as be her next relation bring their bill in chancery against the husband to  have the livres accord to the marriage contract and to have a moiety of all  the estate in common suggest that the subsequent agreement in be void by  reason of the defendant not go within the limit time after his wife death to  parish and there deliver in a inventory of his estate the defendant by his  answer insist that he be well entitle to the whole joint or common estate by  virtue of the second agreement in June whereby the first brown er p agreement  be make void and that be a refugee he ought to have the benefit of the law of  England which give the whole personal estate to the husband and ought not to  be govern by the law of France or custom of parish by which he be persecute  and have lose a real and personal estate of no less value than livres on the  that of November the cause be hear before the Lord keeper wright and on the  that of December follow his lordship decree the livres to the plaintiff with  interest from the death of the defendant wife accord to the marriage contract  and refer it to a master to take a account of the value of the say livres and  to compute interest on the same from the death of the defendant wife and as to  the residue be the estate in common between the defendant and his wife his  lordship declare that the marriage contract as to such part amount to no more  than a declaration that the say residue shall go accord to the custom of  parish in the same manner as it will have go if no such contract have be make  and if the defendant and his wife have continue there the custom of parish  will have effect the same thing without such agreement as by the agreement as  to the residue be declare whereby the agreement can be of no force it be the  same with the custom and therefore as to so much his lordship dismiss the bill  from this decree the plaintiff appeal and on their behalf it be argue I  ayloffe that although where the party to a marriage depend upon the law or  custom of the place where the marry which custom or the effect of it will not  follow or bind they in another country yet all lawful contract as well of  marriage as relative to any thing else ought to be full perform between the  party and their representative accord to the apparent brown intent of such  contract notwithstanding any change of habitation and although such contract  to avoid recite the custom of any place at large refer only to such custom so  far as it relate to a particular part of the estate intend to be settle yet  that part of the contract have reference to the custom ought to be perform as  well as the other wheresoever the contract party remove their dwell the  marriage not have proceed on the custom in general but on a express contract  wherein the custom operate only by the agreement and admission of the party  who as to a part of their substance incorporate the term of their custom into  their agreement that these article ought the rather to have be decree to be  perform in toto because the party have thereby waive or derogate from the  custom of parish in the follow instance saint by the city law or custom of  parish the respective debt of the husband and wife contract before marriage be  afterward to be pay out of the community but here it be express agree that the  debt of each party shall be pay out of each party own estate dly where there  be no contract in write to the contrary the whole estate of both party be to  be in common but in this case it be agree that only onethird of the portion  shall enter into the community my all such estate as during the marriage fall  either to the husband or wife be by the custom to be in common whereas here it  be agree that whatever shall fall or come to the wife during the marriage  shall if she renounce the community go to her and her heir in exclusion of the  husband and his heir and thly the heir of the wife can by the custom renounce  the community though she herself may but by this contract the heir may  renounce by this custom also if the wife renounce she can take back what she  bring but by the contract in question it be express agree that she shall in  that case not only take back what she bring but likewise whatever shall fall  to her during the marriage it be further contend that the right of the  appellant arise from the express agreement of the party that there shall be a  community of all good or estate movable or immovable and that the additional  word pursuant to the custom of parish be but explanatory of what be mean by  the word community by refer for certainty only to the custom that this  reference do not enlarge but only interpret what be express covenant in the  forgo word and be as bind to the party and make as much one entire contract as  if the particular branch of the custom have be distinct specify and agree to  without mention the custom itself that this be not the case of a marriage  brown er p under the custom without express agreement but it be a particular  covenant between the party as to certain part of their estate and intend to be  observe and perform throughout and therefore the specific performance of this  contract be the appellant object but by no mean a attempt to introduce foreign  law or custom as bind here any otherwise than by express and positive  agreement brown on the other side it be insist r Acherley that this marriage  contract extend to no more than the livres for that there be no special  provision make to vary or alter the custom of parish the agreement as to all  the residue of the estate beyond the livres be in truth no more than a  declaration that such residue be the estate in common shall go accord to the  custom of parish which it will have do if there have be no such agreement and  therefore the agreement in this respect amount to nothing that the custom of  parish can only affect the party while they live there and therefore upon  their remove into England their estate as to all such thing as be not special  agree upon but only leave to the custom of parish ought to go accord to the  law of England that by the second agreement in June the appellant be absolute  bar of all their demand upon the joint or common estate that it will be  strange if refugee fly hither from persecution shall bring with they French  law and custom to be of force against the law of the country which afford they  protection and it will be still more strange if a English court of justice  shall be oblige to execute such French law and custom among so great a body of  people as the refugee after hear counsel on this appeal it be order and  adjudge that the decree complain of shall be reverse so far as that the estate  in common after the livres decree to the appellant be pay and livres allow to  the respondent turst accord to the marriage contract be deduct and other just  allowance to be retain by himself the respondent turst be to account for the  residue and give security to the court of chancery answerable to the value of  the moiety thereof to pay such moiety to the appellant and other heir of the  respondent late wife at the respondent decease or within three month after and  it be further order that the court of chancery shall give direction that the  fame shall be do accord jour vol p