ambler case pinnell against Hallett and other in chancery may covenant in  marriage article to buy land of clear yearly value of pound and settle c he  direct by will that the moiety of a house and a copyhold estate shall be take  as part hold they shall not S c Ves sen article to settle land of inheritance  of a certain yearly value on wife and issue male of the marriage be not  satisfy by devise for life without impeachment of waste remainder to use of  article l lib Reg b foe bill by plaintiff for a performance of article enter  into by his father Richard pinnell decease before marriage by which he be to  purchase and settle on his wife and the issue male of the marriage land of  inheritance of the clear yearly value of pound the father afterward purchase  some estate and by will not attest accord to statute of fraud recite the  marriage article direct land of the yearly value of pound to be buy which  together with his estate at Mitcham let on lease at pound a year the moiety of  a house in Idollane and his copyhold estate call Marlfordfarm c he bequeathe  to his wife without impeachment of waste remainder to ambler er p the use of  the article Q whether all or which of these estate be applicable in part  satisfaction of the covenant Lord chancellor be clear of opinion the moiety of  the house be not because it be not the kind of estate intend by the article d  that the copyhold estate be not applicable because the wife be to take the  estate settle for life without impeachment of waste beside the copyhold estate  appear to be of the nature of borough English and therefore can be take as  part satisfaction to old son which by its nature go to the young another  question be make at what yearly value the Mitcham estate be to be take because  it be purchase at pound a year but have since fall to pound Lord Londonderry v  wain in Ch and Feb Mr Sugden in his valuable treatise on the law of vendor and  purchaser page say that where the purchase be make good fide with a intent to  perform the covenant the land must it be conceive be take at the price pay for  they or at least at their value at that time and he refer to Lechmere v earl  of Carlisle can t Talb Lord chancellor direct the master to inquire what be  the yearly value of it at the death of the testator at which time it become a  satisfaction pro tanto and say if it have be purchase at the time of the  marriage article the value shall have be take as at the time of the purchase  see tyrconnel v duke of Ancaster post and see note to Lord Londonderry v wain  post not that the master be to consider it at the rend suppose it to have  lessen at that particular time by any accident such as mortality among the  cattle but where the estate to be settle be not covenant to be without  impeachment of waste it will seem that copyhold estate may go in part  performance of covenant to settle real estate see Wilks v Wilks vin Abr Sugd  vend though Lord Hardwicke seem to have doubt this see attorneygeneral v  whorwood Ves mary Hallet be entitle to pound east India stock and by article  enter into previous to the marriage Richard pinnell covenant in consideration  of the say pound and of pound covenant to be advance by the father of mary  Hallet to settle land of the yearly value of pound over and above all charge  and expense to the use of himself for life remainder to mary for life without  impeachment on waste in full of all dower remainder to the use of the heir of  himself on the body of say mary Hallet for want of male issue to himself his  heir and assign forever on the marriage the pound be pay to pinnell and the  stock transfer to he the decree direct that the personal estate shall be apply  in course of administration that so much money as ought to be apply out of the  say personal estate in performance of the article be to be consider as a debt  thereon by specialty that the say estate at Mitcham shall be apply and settle  in part performance of the say marriage article but the say copyhold estate  and the say moiety of the house in c be declare to have descend to the heir at  law of say Richard pinnell and the master be to inquire what be the annual  value of the say estate at Mitcham at the time of say testator death over and  beyond all deduction and reprize and by consent of plaintiff and of say mary  the widow the master be to inquire how much the purchasemoney of land of  sufficient yearly value to make up to either with say estate at Mitcham the  clear yearly value of pound above all charge c will amount to and it be order  that so much money shall be set apart out of the say testator personal estate  and place out at interest in name of trustee to be approve of by the master  and that the interest and dividend shall be pay to say m pinnell for her life  and by like consent the say Mitcham estate and the money to be so appropriate  be to be accept in full satisfaction of say marriage article and it be further  order that on the death of say m p the capital of the say security shall be  transfer to the plaintiff or to such other person as shall be entitle thereto  and the plaintiff or such other person be to be at liberty to apply to the  court for direction relate thereto after the death of mary pinnell and say  mary pinnell be to be let into possession of the say estate at Mitcham ambler  er p