case jane vernon widow appellant george vernon and other respondent that march  Mews dig ten twelve see Vernon v Vernon post p I S in consideration of  marriage covenant to settle land of pound per and upon himself and wife and  the issue male of the marriage with remainder to his brother in tail equity  will compel a specific performance of this covenant in favour of the brother  although he be no party to the article without put he to a action of covenant  in the trustee name win viner vol p can Eq can ab can Henry Vernon make his  will at Aleppo the d of September whereby he give several legacy and after  payment thereof and of his debt and funeral charge he bequeathe the residue of  his estate and appoint his executor in the word follow videlicet item I give  and bequeathe the remain part of my estate good movable and whatsoever else by  any kind of right or title may belong appertain or appear due to I to my dear  brother Thomas Vernon but in case he shall die without heir male of his body I  do in such case give and bequeathe this legacy of the remain part of my estate  to be equal divide between my brother George Vernon and my brother Charles  Vernon I make and ordain the say Thomas Vernon my dear brother to be my full  and only executor but in case of his mortality I do appoint my honourable  father sir Thomas Vernon my sole executor require either of there in brown the  name of God to see this my will and testament perform as aforesaid this will  the testator write with his own hand and by a codicil write also with his own  hand under his will and date the that of January he give some other legacy and  confirm his say will in every particular and on the that of November he make  another codicil whereby he give several other legacy and confirm his will and  first codicil from the time of make this will and codicil the testator  continual reside at or near Aleppo so that he have no opportunity of take  proper advice upon the form of his will and on the that of November he die at  Aleppo soon after the testator death Thomas Vernon his brother prove the will  and codicil and possess himself of the testator estate and effect and after  payment of his debt legacy and funeral expense the surplus amount to above  pound Thomas Vernon be afterward about to marry the appellant and be conscious  how great a sum of money he have receive under his brother will and intend in  case he shall have no heir male of his body to make some provision for the  respondent and thereby in so I measure answer the testator Henry intent  express in his will he therefore include the respondent George Vernon and sir  Charles Vernon in the article make previous to that marriage and accord by  article of agreement date the that of September between sir Thomas Vernon and  John Weston esquire of the first part the say Thomas Vernon and the appellant  by her then name of jane style of the second part and John dibble and Ann  style sister of the appellant of the three part recite that a marriage be then  intend between the say Thomas Vernon and the appellant with who he be to have  a portion of pound in money and that the appellant uncle John style esquire  have by his will devise to her his land in or near Cranle and Cobham in Surre  which be agree to be convey to the brown er p use of the say Thomas Vernon for  life remainder to the appellant for life remainder to their first and other  son in tail male remainder to their daughter in tail as tenant in common  remainder to the right heir of the say Thomas Vernon he the say Thomas Vernon  covenant for himself and his heir with Mr dibble that he will within four year  after the marriage purchase the inheritance in feesimple of some manor and  land within fifty mile of London or land within the county palatine of Chester  which have former be in the family of the Vernons of the clear yearly value of  pound and settle the same to the use of the say Thomas Vernon for life sans  waste remainder to dibble and his heir to preserve the contingent estate and  after his death as to so much of the premise so to be purchase as shall be of  the value of pound per and to the use of the appellant for her life for her  jointure and in bar of her dower and customary part of his estate as he be a  freeman of London and as to the residue of the premise so brown to be purchase  to the use of dibble his executor and administrator for ninetynine year if the  appellant shall so long live in trust for the appellant for her life remainder  of the whole estate to the first and other son of the say Thomas Vernon and  the appellant in tail male remainder to the heir male of the body of the say  Thomas Vernon remainder to the respondent George Vernon for life sans waste  remainder to his first and other son in tail male remainder to the respondent  sir Charles Vernon for his life remainder to his first and other son in tail  male remainder to the right heir of the say Thomas Vernon but the ninetynine  year term be to be void if the appellant when she come of age do not settle  her own land to the above use the marriage be soon afterward solemnized and Mr  Vernon purchase manor and land of inheritance of a considerable yearly value  at several time and particular a estate in the county of Chester which have  former be in the family and be then about the value of pound per and but he  never settle these land or any other land whatsoever to the use of the article  on the that of June the say Thomas Vernon make his will and thereby devise all  his real and personal estate to the appellant subject to the payment of his  debt and pound apiece to his three daughter and appoint her sole executrix on  the that of August he die without issue male leave three daughter jane  Arabella and Matilda and soon afterward the appellant prove his will and enter  upon all his real estate of a very great yearly value and possess herself of  his personal estate to a considerable amount the respondent George and sir  Charles Vernon then apply to the appellant and desire she will in a reasonable  time either make a settlement of land to the value of pound per and out of  those which be purchase by Mr Vernon in his lifetime and devise to her by his  will or purchase and settle other land of the like value accord to the article  this she at first seem Willing to do and accord her brotherinlaw Mr Hornby by  her direction write a letter to the respondent George Vernon date the that of  September contain this paragraph videlicet as to the marriage article she say  she be direct by Mr Vernon to comply with they in a convenient time and on the  d of November follow the appellant herself write a letter to the respondent  George Vernon promise to make the settlement as she know it be first intend  and that she be take all proper measure to do it as soon as she can and that  if there be any estate that lie near the respondent George Vernon that she can  have upon reasonable term she shall always choose to do what she think to the  advantage of they both but the appellant afterward refuse to perform these  promise the respondent in may exhibit their bill in the court of chancery  against her and Mr dibble pray that the appellant may be decree to settle some  of the land already purchase of the valuer of pound per and or to purchase  other land of that brown value and settle the same to such use as be still  subsist in the marriage article to this bill the appellant put in her answer  and thereby admit asset of her husband more than sufficient to satisfy his  debt funeral charge and daughter portion and the demand of the respondent in  case the court shall be of opinion that they have any right thereto but insist  that she shall not be brown er p oblige in prejudice of the say Thomas Vernon  child to make any such settlement as be pray by the bill issue be join and  witness examine on both side the cause come on to be hear before the Lord  chancellor king on the that of may when his lordship declare that though  article ought to be carry into execution and that land of the value of pound  per and ought to be purchase and settle to the use mention in the article  which be still subsist and decree that the appellant who have by her answer  admit asset of her testator sufficient to answer the respondent demand shall  with the approbation of the master purchase land and tenement of the yearly  value of pound accord to the description in the article mention and shall  likewise with the approbation of the master settle the same to such of the use  and trust mention in the article as be then subsist so far as the death of  party will admit the purchase be to be make in the name of trustee to be  approve of by the master and any of the party be at liberty to propose a  purchase or purchase before the master for the purpose aforesaid from this  decree the present appeal be bring and on behalf of the appellant it be insist  c Talbot n fazakerly that neither Henry Vernon estate nor the advancement of  Thomas Vernon by his father be any consideration for the limitation in the  article to the respondent nor ought the appellant to be prejudice by any  letter write by her since her husband death when she be under great affliction  and utter ignorant of the law that these limitation to the respondent be mere  voluntary the respondent George and sir Charles Vernon be no party to the  article nor do any consideration move from they or any other person on their  behalf that though sir Thomas Vernon the father be a party yet there be no  covenant move from he not so much as one acre of land or a shilling in money  though the say Thomas Vernon be then his old son nor be the covenant of Thomas  make with his father but with dibble who be a relation of the appellant that  although Thomas Vernon live above thirty year after the article yet he be  never desire by any of the respondent to make the settlement nor do he ever  think himself oblige to make any settlement on they and it will be a very  great hardship upon the appellant and her child to be now oblige to make it  that if the settlement have be make by Mr Vernon in his lifetime he will have  be tenant in tail and consequent by suffer a recovery may have bar the  remainder limit to the respondent whenever brown he have think proper and that  the respondent be mere volunteer be not under the circumstance attend this  case entitle to any assistance or relief in a court of equity on the other  side it be urge p York t Lutwyche that Henry Vernon make his will in a place  where he can not have proper advice and assistance to make it agreeable to the  form of law but his intention be clear express that his personal estate shall  be so dispose of that it shall go to his young brother the respondent George  and sir Charles Vernon in case of the death of their elder brother Thomas  without male issue and a court of equity will always pursue the intent of a  testator if it appear clear in his will as far as it can be carry into  execution but if the testator intention in this case can not be direct fulfil  yet as it appear that there be time more than sufficient after his death for  Thomas Vernon to receive the news of it and a account of his estate before the  make of his marriage article it be to be presume to be part of the  consideration for the remainder thereby limit to the respondent George and sir  Charles Vernon and as sir Thomas their father insist upon that limitation and  afterward declare that it shall never have be a match if the appellant and her  friend as well as Thomas Vernon have not agree to make the settlement in that  manner the father thereby contract for a benefit to the other branch of his  family beside it appear in proof that this marriage be propose in the lifetime  of Henry Vernon but reject and after his death by who the estate come be agree  to so that it can not be call voluntary but be part of the marriage article as  to a pretence mention in the appellant answer that sir Thomas Vernon promise  to give the rectory of Farnham to his son Thomas be the consideration of his  include his brother in the article it be total without foundation for it be  prove in the cause that sir Thomas Vernon often declare that as the parsonage  be give to he be a young brown er p brother he will give it to a young son and  it appear by a letter from Thomas Vernon to his father date the that of April  that he know his father have by his will devise this rectory to the respondent  George and instead of insist upon any promise of its be give to he he make it  his humble desire to his father that he will devise the same to he upon his  pay thirteen year value for it and in his letter propose the form of a codicil  for that purpose accord sir Thomas after be great importune by his son Thomas  on this subject do by a codicil give this rectory to he upon condition of his  pay the respondent George fourteen year value for the same but this condition  not be comply with the rectory remain to the respondent George admit however  that if the testator Thomas Vernon have make a settlement pursuant to the  article he may afterward have defeat the limitation by a common recovery yet  as he do not think fit to do so his covenant remain in force and the appellant  as his devisee and executrix ought to perform the same especial as ample  provision be make for all his daughter and as the appellant be to have a  estate for life in the brown land to be purchase and as she have admit a  sufficiency of asset but suppose it to be only a voluntary covenant on the  part of the testator Thomas Vernon to make the purchase of pound per and  mention in the article yet it will affect his asset and he have charge his  real estate with the payment of his debt and the appellant have admit asset it  be but the ordinary justice of the court that the covenant shall be satisfy  out of asset since there be indisputable enough to satisfy all other creditor  it be therefore pray that the appeal may be dismiss and the decree affirm  accord after hear counsel on this appeal it be order and adjudge that the same  shall be dismiss and the decree therein complain of affirm jour vol p