case brathwaite versus brathwaite of the eighth month in court Lord chancellor  Eq can ab pl S c a b a widower settle land to raise pound a year for his old  son and pound apiece for his young child and afterward he marry again and have  child by his second wife decree the child by the second wife be equal entitle  with the other young child though the portion of the young child be by the  settlement to be pay accord to their seniority yet in case of a deficiency  they shall be pay in average the portion of the young child who die in the  life of their father not to be raise in favour of the administrator otherwise  if any of the daughter have marry in the life of their father and afterward  die the heir buy in a encumbrance on the estate charge with the portion allow  no more than what he real pay vide the next case tenant in tail with the  remainder in fee to himself levy a fine the state of the case be somewhat  different sir Thomas brathwaite be tenant in tail expectant of the premise in  question join with his father the tenant for life in possession in a deed bear  date that march by which they covenant to levy a fine to trustee therein name  before the end of Trinity term then next of the premise in question to the use  and upon the trust in it all above mention after the death of sir Thomas and  his father it do not appear that any fine be levy at that time but it be state  that after the birth of several of the plaintiff the child of the say marriage  and about six year after the date of the deed of settlement a fine be levy to  sir Thomas brathwaite alone pursuant to the say covenant r l and settle his  estate a trustee in the first place to pay his son and heir pound per and and  then to Vernon chancery case er p make a provision of pound apiece for his  young child son and daughter to be raise and pay accord to their seniority and  a maintenance in the mean time Vernon chancery case in this case the Lord  chancellor decree first that whereas at the time of the settlement the party  that make it be a widower and have eight child by his first wife and declare  he intend not to marry again yet in regard he afterward marry a second wife  and have many child by her that the child by this second wife be equal entitle  with the child of the first to have the benefit of this provision for young  child dly that whereas the deed direct the provision for his young child shall  be raise and pay accord to their seniority that yet in case there shall happen  a deficiency the old shall not have more and the young less but they shall be  all pay in average so in respect of legacy vide brown v Allen ante p dly that  whereas many of the young child by the first wife die in the lifetime of their  father that the administrator of the child so dead shall have no benefit of  this provision but the same shall cease but in case any of the daughter have  be marry in the lifetime of the father and die the husband as their  administrator shall have have their portion and no certain time be appoint for  payment but the same be leave indefinite it do not natural attach till the  death of the father and his lordship take a difference betwixt a portion or  provision and a legacy Payable at the age of year c this part of the decree  relate to the death of the marry daughter in the lifetime of the father do not  appear in the register book the word of the decree be but with this that the  young child which die in the lifetime of sir Thomas brathwaite the father  before their portion become Payable the provision or portion of such child so  die shall not be a charge on the say estate or any allowance thereof make to  the defendant Thomas the old son as their administrator to prejudice the  plaintiff there be no interest vest in they to give the defendant Thomas a  title thereunto r l thly that whereas Thomas the son and heir who be to have  pound per and in the first place have purchase in a statute which be a  encumbrance on the estate that he shall be allow no more than what he real pay  for it a heir or trustee who buy in a encumbrance may under circumstance be  allow on account the whole money due thereon darcy v hall ante p and further  on this head long v Clopton post William v Springfield post and that the whole  estate must in the first place be look on as liable to satisfy this  encumbrance and then to raise the pound per and and arrear Vernon chancery  case and the surplus for raise the provision for young child but that their  maintenance shall go on in the mean time Reg lib a fol