case earl of warrington versus sir james Langham Eq Abr pl S c wms one  covenant on marriage article to pay pound within six month after his death and  after grow old and infirm covenantee will have oblige he to have give security  but the court hold that they can not alter this agreement of the party or make  it better than they themselves have and though executor may be oblige to give  better security for legacy Payable in going to be that be because they be in  nature of trustee and there be no agreement one way or another plaintiff  father marry sir James Langhams only daughter and upon the marriagearticle  enter into between the defendant and plaintiff grandfather by which the  defendant covenant that he will within six month after the marriage pay the  plaintiff grandfather pound and that his executor shall pay he pound within  six month after his death and the precedent in chancery earl covenant to make  the wife a jointure of pound but no covenant for make any settlement upon the  child the marriage take effect and the defendant pay the pound and the  jointure be make and both plaintiff father and mother be dead the defendant be  grow old and have marry a four wife the plaintiff his grandson bring this bill  pretend that the defendant be grow very weak in his understanding and whole  influence by his wife and it be great to be fear will spend or make away his  estate and not leave wherewithal to pay the pound at his death and therefore  to have the money pay present the defendant have a allowance of the interest  or at least that he may give better security to pay it when it become due be  the bill the defendant swear by his answer that upon the treaty of marriage no  other security be require for the money but his covenant and if there have he  will never have consent to the match it I be urge for the plaintiff that it be  but just that every man shall make their creditor safe that their debt shall  be pay at all event and this court ought to extend its authority to prevent  they from be defeat that this court do enforce executor to give security to  pay legacy which be to be pay in going to be that this be debt in presenti  though not yet Payable and that by the custom of the city of London debtor may  be arrest before the day of payment to give better security and that this  court do grant ne exeat kingdom against person that be go away to avoid  payment of their debt on the other side it be say that this bill be not to  execute a agreement between the party but to make a new one that a executor be  but a trustee of the testator money for the agot and the court may take such  method as be proper to make he execute the trust but in that case there be no  agreement between the executor and legatee one way or other and precedent in  chancery the question here be whether when there be a agreement between the  party any court can alter it and as for the custom of London for arrest a  debtor before the time of payment to give better see it be much doubt whether  there be any such custom but if there be all their precedent in chancery er p  custom be confirm by act of parliament and therefore they may do what no other  court can which have not the same warrant for it my Lord chancellor dismiss  the bill and a appeal be bring in the house of lord and hear but the lord put  it off from time to time to the end the party may agree it and will do nothing  in it and at last there be a agreement the plaintiff comply with the defendant  term and the defendant die soon after precedent in chancery de paschae in  curian porter