atkins case fawkner and his wife v watts November the that at the roll SC post  the bill be bring by John fawkner and mary his wife for a account of the  personal estate of Francis Everett a freeman of London the father of mary and  for her orphanage share in such estate he by his will give to the plaintiff  mary the whole of his estate and afterward by the codicil change the  disposition entire and give it in give to the son of his daughter by Mr Paxton  her former husband twofifth to one son and threefifths to the other mary die  since the fill of the bill and the husband as administrator to her claim one  moiety of Francis Everetts estate insist his wife be never so advance as to be  debar of her customary share deposition be read on the part of the plaintiff  to prove her father a freeman and it be admit by the defendant that mary be  the only child of this freeman which circumstance the counsel for the  plaintiff insist make it a very strong case in her favour and distinguish it  from all the other case and for this purpose cite shepherd v Newland vide p W  before Lord Macclesfield and afterward reheard before Lord king Mr brown  counsel for the defendant it be not dispute say he but mary marriage with  Paxton be with her father consent and likewise admit that there be a sum of  money then advance by her father and that the exact sum do not appear the  constant rule be say he where a daughter of a freeman be marry with the father  consent and be advance but it do not appear with how much that she shall be  say to be full advance it have indeed be object by the counsel on the other  side that as mary be the only child she shall not be say to be full advance so  as to give the father a right to dispose of the residue of his estate to the  prejudice of such child but the rule of advancement will hold as well where  there be but one as where there be many child for what the custom go upon be  that the father by advance the daughter upon the marriage which he need not  have do till the time of his death gain a absolute power over his estate and  therefore the circumstance of a only child do not alter the case he cite the  case of civil v rich vern Stanton v Platt vern dean ux v Lord delawar vern  master of the roll as it be in the case of infant and the defendant have lie  some foundation to show by suggest atkins the consent of the freeman to the  daughter first marriage that at mary fawkner be advance let the cause stand  over to give the infant a opportunity of put in a second answer and charge  advancement