case winnington versus Foley Lord chancellor Parker Eq can ab pl in a marriage  settlement husband make tenant for ninetynine year if he so long live  remainder to trustee during the life of the husband c remainder to the first c  son by the marriage in tail male remainder to the first e son of any other  wife remainder over upon the marriage of the plaintiff Mr winnington who be  old son of sir Francis winnington the family estate be settle upon the  plaintiff for ninetynine year if he shall so long live remainder to trustee  during his life remainder to the first c son of that marriage in tail male  successive remainder to the first c son of any other marriage remainder over  Mr winnington have by his lady who be dead one son who be come of age and be  in treaty for a marriage with one of the daughter and coheiress of the lady  read of Hertfordshire and the survive trustee for preserve contingent  remainder be dead leave a infant heir the father and peer William son bring a  bill against the infant heir that he may join in make a tenant to the prcipe  in order to a common recovery for make a settlement upon the son marriage on  the hear the Lord chancellor declare that the trustee be appoint to preserve  contingent remainder and here be a vest remainder in tail if this be for the  good of the family he do not see but such trustee may lawful join but his  lordship refer it to the master to state whether this be for the good of the  family the master report that the son be in treaty for the marriage above  mention that it be a beneficial marriage for the family and that it be  necessary a new settlement shall be make of the estate which can not be do  without a recovery and now come on upon the master report Mr Vernon cite sir  Thomas tip case Basset v Clapham ante where the father be tenant for  ninetynine year if he shall so long live remainder to trustee during the life  of the father remainder to the first son can there be no issue of the marriage  and the trustee peer William er p join with the father in destroy the  contingent remainder which be hold to be no breach of trust also he say there  be a late case where the trustee against the consent of the father join with  the first son the remainderman in tail in suffer a common recovery and yet  hold to be no breach of trust for when such remainder be vest in one of full  age a subsequent remainder be not to be regard neither be it asset in law or  equity peer William Lord chancellor it may be great mischievous to a family if  such a trustee shall stand out and not join with the father and son in cut off  the old settlement and make a new one this be plain for the benefit of the  family for by the now intend settlement the son be to be but tenant for life  instead of tenant in tail so that it be a mean of serve the estate long in the  family also the wife of Mr winnington the father be dead there be a end of the  contingent remainder by that marriage and as to any remainder by another  marriage no remainder not in be ought to be so much regard as this remainder  in tail which be actual vest in Mr winnington the son therefore let the  trustee join with the father and son in order to the bar this and make a new  settlement and let the master direct a proper conveyance in which the trustee  shall join then it be insist that the heir of the trustee though a infant be  yet a trustee within the act annae cap which enable infant trustee to convey  by direction of a court of equity and therefore it be pray that the infant  trustee may levy a fine which must be good unless reverse during his infancy  say per cur I do not know how I can direct the judge or commissioner to take a  fine from a infant but let the master direct a proper conveyance see this  resolution affirm by Lord chancellor king in townsend v Lawton Vol two vide  Basset v Clapham ante Mansell v Mansell post Vol two moody v Walters Ves  Biscoe v Perkins v b and see brown v carter Ves see ex part Vernon post Vol  two Goodwin v Lister post Vol III stat Geo c the act be general that trustee  under age shall convey without specify the mode of conveyance a infant trustee  may be order to levy a fine ex part Maire atk or suffer a recovery ex part  Johnson ib ex part smith Amb