case John Trevor and other appellant edward Trevor and other respondent that  February Mews dig twelve xiv I S on his marriage covenant to settle land to  the use of himself for life remainder to the heir of his body by his intend  wife and to make a settlement accord within two year or in default thereof to  stand seize to the same use though this be a estatetail in I S at law yet a  court of equity will turn it into a strict settlement if marriagearticle be  for a settlement to be make to the husband for life then to the wife for life  and then to the first and other son and the heir male of their body etcetera  the court of chancery will decree a limitation to trustee to preserve the  contingent remainder and if by fine or otherwise these remainder be destroy  before they take place this court will set they up again and if a defective  settlement in any particular have be make a second must be make till the use  in the article be well and effectual raise for till then the covenant subsist  decree of Lord chancellor Parker affirm this case be very full report in I Eq  Abr where the reason of Lord chancellor Parker decree be give even more at  length than in p wms see also in confirmation of the point determine in this  case Jones v Laughton I Eq Abr c Nandick v Wilkes I Eq Abr c Rep Eq cusack v  Cusaok ante can of this title and west v Erissey p wms where a actual  settlement be make before marriage and the father have attempt to bar his heir  female by a recovery and then devise the settle estate the devisee be compel  to convey the premise to such heir female in vin can it be notice that though  a much great estate descend to the old son as heir at law it be not deem a  satisfaction and cite Mod wms Mod Mod Eq can ab c viner brown er p vol p can  can can n a vol p c vol p can can Eq can a can sir John Trevor knight former  master of the roll be seize in fee of diverse message land and hereditament in  the county of Denbigh and Salop of the yearly value of by article date the d  of October in consideration of his intend marriage with mrs jane Pulestone  widow covenant with William Salisbury Esq and sir Richard Lloyd knight that he  will before the end of two year next after the date of the article at the  request of the trustee their heir or assign settle convey and assure to they  and their heir as they and their heir or their counsel in that behalf shall  direct and brown appoint the say message and premise to the several and  respective limitation and use in the say article mention and express and also  in the say settlement and conveyance as shall be limit and agree upon by the  say sir John Trevor and the trustee as aforesaid and to no other use intent or  purpose whatsoever that be to say to the use of he the say sir John Trevor for  life without impeachment of waste remainder to the use of the say jane his  intend wife for her life remainder to the use of the heir male of his body on  her body to be beget and the heir niales of such heir male lawful issue with  remainder to the use of his own right heir and the say John Trevor do thereby  for himself and his heir covenant with the say trustee that the say premise  shall remain to the say jane his intend wife during her life after his own  decease free from all encumbrance and that in case the say use and limitation  in the say article be not thereafter well raise accord to the true intent and  meaning of the article that then he and his heir shall stand and be seize of  the say premise until such time as a further assurance shall be thereof make  to the use of the say article the marriage soon afterward take effect and sir  John have issue by the say jane the respondent Edward Trevor his old son and  the appellant and the respondent lady Middleton No settlement be ever make  pursuant to these article nor be any request make by the trustee for that  purpose but the respondent Edward have incur his father displeasure by a  improvident marriage and sir John apprehend that he have a estate tail vest in  he which it be in his power to bar he and his lady accord in the year and levy  three several fine of the premise and by indenture date the that of September  the say fine as to all the premise therein comprise except some part thereof  in the county of Salop be declare to enure to the use of the say sir John  Trevor and dame jane his wife for their life remainder to their second son the  appellant John Trevor and the heir male of his body remainder to the appellant  Arthur Trevor in tail male remainder to the appellant Tudor Trevor in tail  male remainder to such use as the say sir John Trevor by deed or will shall  appoint and for want of such appointment to the use of his old daughter the  lady Middleton and his second daughter the appellant discretion Trevor and the  heir of their respective body and as to some part of the except premise to the  use of the right heir of Thomas Edward to who sir John have before that time  sell the same and as to the residue thereof to the use of the say sir John  Trevor and his heir and in order to prevent any of his young son from be  guilty of the like act of disobedience in marriage as have be commit by their  elder brother it be by this deed provide that in case any of his say young son  shall in his lifetime marry any woman without his consent first have in write  under his hand and seal brown that then it shall be lawful for he the say sir  John Trevor to demise and lease the premise so settle upon his say son as  aforesaid or any part thereof to any person or person for the term of year or  any less number of year without impeachment of waste and with or without any  rend if they or any heir of their body shall go long continue in be this  settlement be deliver to Edward Vaughan Esq one of the trustee therein name  who keep the same till after lady trevor death when by sir John consent it be  deliver to the appellant John Trevor on the that of may sir John Trevor die  intestate and upon his death the respondent Edward as his old son and heir at  law become entitle to the ancient estate of the family in Ireland worth above  pound to another estate in England brown er p of pound per and and to about  pound as his distributive share of sir John per sonal estate in October follow  the respondent think proper to exhibit his bill in the high court of chancery  against the appellant and other pray a specific performance of his father  marriage article and to have a conveyance make accord to the intention thereof  insist that those article be only a executory agreement for a further  settlement of the premise therein comprise and that it be not in the power of  his father to bar the limitation thereof the defendant the young child by  their answer to this bill insist that the article ought to be consider as a  complete settlement and that sir John Trevor have thereby a estate tail which  by the fine of and the deed of September be dock and the land vest in the  defendant John Trevor in tail male with the several other remainder over but  if the article be to be look upon as executory and as a agreement for a future  settlement only that then the plaintiff have land descend to he from his  father of far great value than those comprised in the article beside his share  of the father personal estate which ought to be take as a satisfaction for the  land agree to be settle by the article and that therefore he be not entitle to  a specific performance thereof on the that of June this causer be hear before  the Lord chancellor Parker when his lordship decree that the plaintiff and the  defendant shall execute conveyance of such of the land comprise in the article  as be by the ceed of September settle or convey to the defendant John Trevor  with such renfainders over as aforesaid to the use of the plaintiff and the  heir male of his body with like remainder to the defendant John Arthur and  Tudor successive in oil male remainder to the defendant lady Middleton and  discretion Trevor and the heir of their body remainder to the right heir of  the say sir John Trevor forever and as to the other land comprise in the say  article which descend or come to the plaintiff after the death of the say sir  John it brown be decree their the plaintiff shall convey the same to the use  of himself and the heir male of his body with like remainder over to the  defendant John Arthur and Tudor Trevor successive with remainder to the right  heir of the say sir John Trevor for ever and that the party shall for that  purpose levy and suffer such fine and recovery as the case shall require at  the cost and charge of the plaintiff and that the defendant John Trevor shall  deliver possession of the say premise to the plaintiff and account with he for  the rend and profit thereof receive from the death of his say late father from  this decree the present appeal be bring and on behalf of the appellant it be  argue t Lutwyche W peer William that as no new settlement be make within two  year next after the date of the article or at any time afterward nor any  request make for that purpose sir John Trevor by virtue of the article become  actual seize of a estate tail in the premise subject to his wife estate for  life the rein and that the article themselves amount to a settlement and  operate as such by way of a covenant to stand seize that this settlement be  acquiesce in as such and so understand to be by sir John Trevor himself who  though he have long preside as a judge in equity be so far from think that he  be disable by the article from dispose of the premise that in the settlement  of he recite his intention of enrol the article in the court of chancery and  have actual sell part of the premise to Mr Edward who have ever since continue  to enjoy the same that it be very remarkable that the covenant against  encumbrance relate only to the wife estate for life and that after her death  sir John have a legal estate in tail in the premise with remainder to his own  right heir it must be admit that at law he may and do well bar that estate  tail by the fine which he levy as aforesaid that since the article have be  make so long ago as the year and have so long be take and accept as a  settlement execute they be not now to be consider as executory only that the  respondent Edward Trevor be bar in law of the estate tail create by the  settlement be not entitle to the aid of a court of equity to impeach the  subsequent settlement which be occasion by his own undutifulness especial as  notwithstanding that settlement he take by descent from his father above four  time the value of the premise in question exclusive of his share of the  personal estate amount to about pound all which it be wax brown er p tainly in  his father power to have give away from he that a court of equity be not bind  to execute article in all case even where they be executory and especial in a  case circumstance like the present where the use actual vest by the article  will be defeat and the intention of the settlor frustrate it be therefore hope  that the decree will be reverse and the respondent Edward trevor bill dismiss  brown on the other side it be contend l carter c Phipps that by the whole  scope of the article it manifest appear they be never design for a settlement  but only a bare agreement how and to what use the land comprise therein shall  be settle and that the covenant to stand seize in the latter part of the  article can not be take as a final settlement either from the word of it or  the precedent part of the article but as provisional only and till a  settlement shall be make in form and effectual to answer the intent and  agreement of the party that it can never be presume that sir John be to have  any great estate than for life without impeachment of waste or that it shall  be in his power to defeat the heir male of that provision which by the article  be intend to be make for they after the death of sir John and his lady for the  article be find upon consideration of the marriage and sir John affection for  his then intend wife and the heir male of their body to be beget so that the  consideration extend as well to the issue male of the marriage as the intend  wife that the estate limit to sir John be in express word for his life only  without impeachment of waste which will have be vain and to no purpose if he  be to have be tenant in tail as he will thereby have be dispunishable of waste  that the land be direct to be limit after the death of sir John and his lady  to the use of the heir male of the body of sir John on the body of the say  jane to be beget and to the heir male of the body of such heir male issue so  that the first word be only description of the person who be to take videlicet  the first and other son and the subsequent word declare what estate they be to  take videlicet to the heir male of their body that what be necessary to make  these use effectual be what be necessary imply and what be mean and intend by  the article touch such further limitation and use as shall be agree between  sir John and the trustee namely the limit the estate over to trustee for  preserve contingent remainder in such manner that it may come to the first and  other son of the marriage and without which limitation the article can not  effectual be perform but this clause respect the further limitation and use  can never be intend to give sir John and the trustee a power either to defeat  his lady of her estate for life or to prevent the first or other son of the  marriage from succeed to the estate after the death of the father and mother  nor can it be presume that the trustee will ever have agree to such a  settlement and as to the point make by the appellant that the respondent  Edward have receive satisfaction by the descend estate it be insist that the  point of satisfaction be not a ingredient in the case the respondent not come  for a satisfaction or recompense by way of damage but as a purchaser of the  specific land comprise in the marriagearticle and desire a settlement of those  land pursuant to the article against person claim under a voluntary settlement  make to defeat the brown article and not in favour of child unprovide for but  who have a plentiful provision otherwise the appellant John have a estate of  more than pound per and under the settlement of October and the other be ample  provide for by their share of their father personal estate after hear counsel  on this appeal the question be put whether the say decree shall be reverse  which be resolve in the negative it be order and adjudge that the appeal shall  be dismiss and the decree therein complain of affirm Mr peer William who be  counsel for the appellant John Trevor in the conclusion of his report of this  case say the matter be great debate by the Lord chancellor and Lord Nottingham  for the decree and the lord Trevor and Harcourt against it but at length the  decree be affirm without any division jour vol p brown er p