case lady whetstone versus sts bury at the roll prece in Chan on a  marriagesettlement land be convey to trustee and their heir to the use of the  trustee and their heir to the use of the husband for life remainder to the use  of the wife for life remainder to the first c son of the marriage these  limitation to the husband for life c be trust only and not use and when the  husband and wife levy a fine to a mortgagee to raise money though the fine  will have be a forfeiture of the wife estate for her life have she have the  legal estate against which equity will not relieve yet decree that a trust  estate be not forfeit by a fine there be a settlement before marriage by lease  and release to trustee and their heir to the use of they and their heir to the  use of the husband for life remainder to the use of trustee and their heir  during the life of the husband to preserve contingent remainder remainder to  the use of the wife for life remainder to the use of the first c son of the  marriage in tailmale there be issue a son by the marriage the husband conceal  the settlement and together with his wife by deed and fine come Ceo c mortgage  the premise in fee to the plaintiff the son be at that time a infant peer  William on the husband death the mortgagee bring a bill against the wife and  peer William er p the son who be then come of age pray that the premise  mortgage may be sell and the plaintiff the mortgagee relieve against the  forfeiture create by the fine in which the wife join and thereby as be allege  have forfeit her estate for life the son plead the settlement by which he be a  purchaser of the remainder in tail in consideration of his mother marriage and  portion and insist that by the fine without his concurrence his mother have  forfeit her estate for life and this be a forfeiture at law equity ought not  to relieve the plea be argue and allow and on motion to dissolve the  injunction Lord chancellor say that his opinion must be well enough know in  this case his lordship have refuse relief even in the case where a copyholder  make a lease of his copyhold beyond what the custom will allow and the Lord  have enter for a forfeiture see the case of sir h peachy versus duke of  Somerset prece in Chan S c strange but the cause come on to be hear before the  master of the roll his honour observe that the use and legal estate be vest in  the trustee and the limitation to the husband wife and son be but trust and a  trust for life be not forfeit by a fine wherefore this plea be false not be  warrant by the settlement so lethieullier v Tracy atk Penhay v Hurrell cite  ante vol and ves chapman v Blissett can tempt Talb however notwithstanding it  be prove that the son after he come of age have say he will see the mortgage  pay for peer William that the money have be advance for the benefit of the  family in regard there be no evidence in write of this and it appear to have  be say voluntary but especial forasmuch as the defendant the son be a infant  at the time when this money be lend all the court will do be to decree that  the plaintiff the mortgagee shall hold and enjoy the mortgage premise during  the life of the wife Reg lib b foe order for a injunction to quiet the  plaintiff in possession of the premise during life of the defendant Elizabeth  only