brown case thomas grove and other appellant dame ester hook widow respondent  that may Mews dig viii where land be settle in jointure and covenant to be of  pound per and value but the husband afterward discover a defect in the title  settle other land as a additional jointure and declare they to be in  recompense of all deficiency either in title or value of the land before  settle the jointress shall have land of the full value of pound per and over  and above the other land and all other provision make for her by her husband  will decree of Lord chancellor Harcourt affirm viner vol p can Eq can ab can  can by deed date the that of April and by a fine sir Thomas hook in  consideration of his marriage with Elizabeth the daughter of sir William  Thompson and of pound her marriage portion convey to trustee and their heir  several manor and land in the county of Norfolk Warwick and Gloucester of the  value of pound per and to the follow use videlicet as to Shelford in  Warwickshire and other land of the yearly value of pound to the use of himself  for life remainder to Elizabeth for her life for her jointure remainder to  their first and other son in tail male remainder to sir Thomas in fee and as  to the residue of the estate to the use of sir Thomas for life remainder to  his first and other son by Elizabeth in tail male remainder to sir Thomas in  fee sir Thomas hook have issue by his lady four child namely Hele his only son  and the appellant Elizabeth and Ann and mary the mother of the appellant John  Hammond and by deed date the that of may he convey several manor and land in  the county of Somerset Monmouth Hereford and Derby to trustee and their heir  to the use of himself for life remainder to trustee for a term of year for  raise portion for his daughter which be afterward brown er p pay remainder to  his son Hele for ninetynine year if he shall so long live remainder to the  first and other son of his say son Hele successive in tail male remainder to  trustee and their heir in trust to permit his say daughter and the heir of  their body to receive the rend as tenant in common and their to permit sir  Thomas and his heir to receive the rend with a proviso for sir Thomas and his  son Hele to limit and appoint all or any part of the premise as a jointure for  any woman or woman who they or either of they may afterward marry on the saint  of December sir Thomas make his will and thereby devise his reversion in fee  of all the say estate to his son Hele for life remainder to his first and  other son in tail male remainder to the testator say three daughter for their  life as tenant in common with remainder to their son and brown daughter in  tail and soon afterward die leave his say son and daughter and no other issue  upon the proposal of a marriage between sir Hele hook who be then only  seventeen year of age and Esther the daughter of Edward Underhill Esq certain  article be on the d of July enter into by Mr Underhill and one Robert Thompson  who be sir heel guardian and one of his father executor whereby Underhill  covenant to pay pound on the day of marriage and if sir Hele shall within six  month after he attain his age of twentyone settle land of inheritance of pound  per and in Warwickshire to the use of himself for life remainder to the say  Esther his intend wife for her life in lieu of dower remainder to their first  and other son in tail male remainder to the right heir of sir Hele that then  Underhill will pay sir Hele the further sum of pound and will also convey a  farm in Worcestershire and several house in London of the yearly value of  pound to certain use therein particular mention the marriage be soon afterward  have and when sir Hele attain his age he by indenture of lease and release  date the that and that of may convey all the say manor and land in Norfolk  Warwick and Gloucester to trustee to the follow use videlicet as to Shelford  and other particular part of the premise to the use of himself for life  remainder to dame Esther for life for her jointure and in bar of dower  remainder to their first and other son in tail male remainder to sir Hele in  fee and as to the residue to sir Hele in fee Mr Underhill at the same time  execute a conveyance of the Worcestershire estate and house in London to the  use of the article and also pay sir Hele the pound in performance of the  covenant the yearly value of the land so settle on dame Esther for her  jointure be pound which be considerable more than what be stipulate for by the  article some year afterward sir Hele on look over his father settlement and  will discover that the demesne of Shelford part of his lady be jointure be  settle upon his mother who be then live he be also advice that in case of his  death without issue the whole of his lady be jointure may become void and  therefore he by a deedpoll date the d of September in pursuance of the power  reserve by the settlement of may limit and appoint several of the land in the  county of Monmouth Hereford and Derby comprise in that settlement of about  pound per and to the use of dame Esther for life as a additional jointure but  express declare the same to be in recompense of all deficiencis either in  title or value of any estate on her before settle or agree to be settle in  consideration of their marriage on the d of July sir Hele hook make his will  and thereby give his wife dame Esther a legacy of pound and all his ready  money plate jewel household stuff and other good and furniture he also devise  to her several house and land of the brown yearly value of pound and upward  for her life and appoint her and the appellant grove executor and residuary  legatee in June sir Hele die without issue and not have suffer any recovery of  the settle estate the appellant Elizabeth and Ann his two survive sister and  the appellant Hammond as the son and heir of the decease sister become entitle  thereto under the father settlement and will and they accord enter thereon so  that dame Esther be total defeat of both her jointure whereupon in Hilary term  she exhibit her bill in chancery against the brown er p appellant in order to  compel they either to confirm her jointure or to assign her dower by way of  recompense out of all the land whereof sir Hele be seize in feesimple or  feetail during the coverture accord to the proviso of the statute Henry VIII c  the defendant by their answer to this bill insist upon their title to the  premise by virtue of the settlement of may and sir Thomas hook will and as  they do not claim the land as heir at law of sir Hele hook but by a title  paramount they do not conceive themselves to be affect by the article make on  his marriage with the plaintiff they also insist that the additional land  limit to her and the other land and legacy give her by sir heel will which be  above double the value of her jointure be intend and ought in a court of  equity to be deem a full recompense for her say jointure the defendant also  exhibit a cross bill against dame Esther for a discovery of the settlement and  will in her custody of the value of the land settle upon her by the second  jointure and of the several estate and legacy give her by sir heel will that  the deed and write may be deliver up to they and that they may be quiet in  their possession to this bill dame Esther by her answer admit that the value  of the land comprise in her second jointure be pound per and beside the wood  and that the pecuniary and specific legacy give her by the will amount to  pound and upward but insist that in case the original jointure shall be  detective she be entitle to dower under the statute of Henry VIII both these  cause be hear before the Lord chancellor Harcourt on the that of November who  declare that the settlement make by sir Hele hook upon dame Esther by the deed  of the that and that of may become void by the death of sir Hele without issue  she ought to have a jointure make good to her accord to the article make on  her marriage and therefore decree that the defendant the heir at law of sir  Hele shall convey to dame Esther for her jointure during her life out of the  estate whereof sir Hele be seize in fee or feetail land of the value of pound  per and clear of all tax except parliamentary tax and that she shall hold and  enjoy the same during her life which land so to be settle be to be above and  beside the promise limit and appoint to her by the deed brown of d September  the premise devise to her by sir heel will and those particular premise which  she claim by virtue of her marriagearticle and the conveyance make by her  father in pursuance thereof and the defendant be also decree to pay dame  Esther the arrear of her jointure of pound per and from the time of sir heel  death deduct parliamentary tax and as to the land claim by dame Esther for her  original jointure his lordship reserve the consideration thereof till she have  try her title at law and as to cost he do not think fit to give any on either  side from this decree the defendant appeal insist S Cowper W peer William that  the respondent be not entitle to a specific execution of her marriagearticle  nor to have her jointure of pound per and make good to her by the aid of a  court of equity for she have receive a very ample recompense and satisfaction  for the same by the land limit to her by the deed of September which be  express declare to be in recompense of all deficiency either in title or value  of any of the land before settle or agree to be settle upon her in  consideration of the marriage and also by the other land estate and  moneylegacies give by sir heel will and if the pound per and shall likewise be  make good to her as by this decree be direct she will have in land and house  double the value of her intend jointure beside the pound in money and the  specific legacy amount in the whole to pound together with Upthorpe farm and  the house in London of pound per and that the appellant be decree to make good  the covenant in sir heel marriagearticle by settle pound per and upon the  respondent for her life out of the land which come to they from their father  sir Thomas hook whereas though they be heir at law yet they have no asset  either real or personal from sir Hele except about pound per and in land and  tithe nor do they claim any other estate as heir at law to he but their claim  be by virtue of the remainder in their father settlement and will which be a  title paramount that of sir Hele that if the respondent ought to be con brown  er p sidered as a creditor in a court of equity because of the breach of  covenant in the marriagearticle and if the estate of the respondent ought to  be subject in equity to make good such breach yet she ought not to take what  be settle upon her by the deed of and what be give her by her husband will  mere as a gift or bounty and at the same time insist upon a satisfaction for  breach of the covenant for a voluntary gift or legacy which surmount the value  of a debt ought to be take as a satisfaction of such debt unless where there  be a express declaration to the contrary that the appellant be deprive by the  decree of a legal estate without sufficient ground to warrant the same and the  want of a recovery be thereby supply in behalf of a jointress who have receive  a abundant satisfaction in prejudice of the heir at law of sir Thomas hook  brown on the other side it be argue I Jekyll t Lutwyche that the respondent  marriageportion agree upon by the article amount in money and land to pound  for which it be thereby agree she shall have pound per and for her jointure  and though in respect of her father bounty and kindness after the marriage sir  Hele hook be please when he come of age to settle a estate for her jointure  which amount to pound per and yet the decree have give recompense for no more  than pound per and that sir Hele never apprehend or imagine that there be any  defect of title by reason of the want of a common recovery for if he have he  can easy have supply that defect but it be plain he think a fine sufficient  which fine be accord levy at the time of his make the second jointure and  neither the respondent or her father or those concern for her have ever any  notice of the title of the appellant in the lifetime of sir Hele hook that  beside the respondent marriageportion of pound sir Hele receive by the death  of her father and mother to the value of pound more beside which the  respondent have free give he the inheritance of her father real estate which  she be sole entitle to and also the remainder of his leasehold estate and  therefore it be but reasonable that she shall have the benefit of the law  respect her additional jointure of pound per and especial since sir Hele  intend her upon the first settlement pound per and which by the decree be  reduce to pound per and that the legacy and bequest in his will be intend by  he as a bounty and not in satisfaction for the defect of her jointure which he  know nothing of and therefore consider he have so great a fortune with the  respondent it be hope that what he have so leave her will be think no  unreasonable bounty especial since he have leave the appellant and their issue  the reversion of all his estate of inheritance after the respondent death part  of which come to he by the respondent and as the whole of the jointure settle  upon her will by virtue of the fine have be good in case he have not die  without issue there can be no reason why a less jointure shall not be make  good against collateral heir 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