a by article previous to his marriage date in agree to settle certain land to  the use of himself and his intend wife for their life and the life of the  survivor and after the survivor decease to the use of the heir of the body of  the say a on his wife beget with other remainder over the marriage take effect  equity case abridge and by deed date April recite the say article and which be  declare to be in performance of the true intent and meaning thereof a settle  the same land to the use of himself and his wife for their life remainder to  the heir of the marriage remainder to the right heir of a there be issue of  the marriage one son and two daughter m and n in upon the marriage of a s son  a settle other land to the use of his son for life remainder to the daughter  of this marriage remainder in fee to the son with a power to raise pound for  young child after the son death a levy a fine of the former land to the use of  himself in fee and then make his will and devise part of his former land to  his say two daughter m and n and all the rest of his real estate to trustee to  the use of plaintiff his grandson for life remainder to his first c son in  tail male remainder to his daughter in tail remainder to testator say daughter  m and n with several remainder over and with direction out of the profit to  educate the grandson and to place out the rest of the profit at interest to be  pay to the grandson at and if he do not attain that age to be pay to his say  daughter m and n their executor c the question be whether the settlement in be  a proper execution of the article of and if not whether the general devise to  the plaintiff shall be take as a satisfaction for what he be entitle to under  the article of and hold per Lord Talbot that plaintiff the grandson be not  bind by the deed which do not pursue the article but then he shall make his  election within six month after he come of age whether he will stand to the  will or the article and if he make his election to stand to the latter then so  much of the other land devise to he as will amount to the value of the land  comprise in the article and which be devise to the daughter his ant to be  convey to they in fee decree accord hill Streatfield and Streatfield can in Eq  tempt Talbot when a man take upon he to devise what he have no power over upon  a supposition that his will will be acquiesce under equity will compel the  devisee if he will take advantage of the will to take entire but not partial  under it say per Lord Chan who cite noise and mordant case there be a tacit  condition annex to all devise of this nature that the devisee do not disturb  the disposition which the devisor have make so be the several case that have  be decree upon the custom of London ibidem c where a covenant be a specific  lie on the land and where on the personal estate econt