bertie versus Falkland hill will in canc Vernon S C Powell on devise S C cite  select case in chancery S c where a condition be precedent to the take of a  estate chancery can relieve in case of nonperformance otherwise in case of  forfeiture vern Eq ab p case B R holt vide wms bro p c l atk Com atk caryi by  will date the that of September devise to trustee and their heir upon trust to  take the profit for three year and if within the three year there happen a  marriage between the Lord Guilford and mrs W who be then ten year of age and  his heir at law then to mrs W for life remainder to her first son c and if the  marriage do not happen then the remainder to Lord Falkland in tail they differ  about the term so the Lord Guilford take another lady and mrs W be marry to c  who bring a bill to have the estate as be a person equivalent that be to say  equal in estate family and person as they urge to the Lord Salkeld Guilford  and the lady a infant and in no fault she have do what she can and therefore  she ought not to forfeit for the fault of another and they produce evidence  from paper letter and save of the testator to prove his intent in this will be  not that it shall be in Lord Guilford power to make her forfeit et per cur  these collateral paper c can be take notice of to influence the construction  of this will for that will be to let they in and to make they part of the will  itself and by the statute of fraud and perjury every part of a will must be in  write but before that statute where a will be in write no collateral proof by  paper or word can be admit because a will be a complete and consummate act of  itself that therefore they must construe it by itself that chancery can not  relieve in this case though the condition be answer to what the lady be  capable of do for that the condition be precedent and though chancery relieve  nonperformance it be only upon a forfeiture for which equity can have a  valuation make and give a compensation decree for the Lord Falkland but  reverse on appeal to the house of lord ld chancellor with assistance of two  judge videlicet Treby and holt No paper letter c can be take notice of to  influence the construction of a will post Ch Rep ves Doug bull n p Salkeld er  p