bisco against the earl of banbury son and heir of nicholas earl of banbury  October a trust for raise a sum of money on a term which happen to be void  transfer to another term whereon the grantor have power to charge it on hear  the Cause by appeal from a decree former pronounce by the Lord chancellor the  case be Edward Lord Vaux father of Nicholas earl of Banbury on the marriage of  Nicholas his son earl of Banbury and Elizabeth wife of the say Lord Vaux  father and mother of Nicholas with be daughter of the Lord Mountjoy in  consideration of the say marriage and pound portion inter alian settle the  manor of great and little Harrowden to the use of Nicholas and Isabel for  their life the remainder to the earl of Salisbury and other the survivor of  they for ninetynine year in trust to raise pound for portion for the daughter  of the say marriage the remainder to the heir male of the say Nicholas by  Isabel with remainder over the remainder to the Lord Vaux in fee Jan Nicholas  and Isabel in consideration of their marriage former have and a portion of  money pay and natural affection convey the say manor to Russel and rich and  lake to the use of Nicholas for ninetynine case in chancery year if he live so  long the remainder to Isabel for her life the remainder to Russel rich and  lake for the life of Nicholas to preserve the contingent remainder after limit  the remainder to the first second c and other son of Nicholas by Isabel and  the heir male of their body the remainder to Russel rich and lake for  ninetynine year with remainder over the trust of this term to the use of such  person to who the sum of pound as the say Isabel accord to a proviso shall  appoint the proviso be that if Nicholas or his heir or other person owner of  the reversion on the ninetynine year shall pay such sum not exceed pound as  Isabel by her last will in write shall appoint whether she be covert or sole  then the lease to cease and until such payment to the use of those person c  case in chancery er p proviso that Nicholas with consent of Isabel Russel rich  and lake in write express may revoke all and every the say use and limit new  January the lady accord to that proviso revoke all the use in the deed January  and declare that a fine and recovery be to he have to the use of Russel rich  and lake and their heir in trust that they execute a deed prepare to be date  fever instant for secure of pound to sir Thomas hewet of part and to stand  seize of the residue to the use in the covenant of the January and then to  convey the premise accord February part of the premise be demise by Russel  rich and lake to sir Thomas hewet for five hundred year for secure the pound  with power of redemption on payment in this conveyance Nicholas Isabel the  Lord Vaux father of Nicholas and diverse other person join and in this  indenture it be recite that the say Nicholas accord to power in a deed January  he the say Nicholas by indenture date February with consent have revoke every  the use in the indenture January and declare the use thereof to Russel rich  and lake and their heir to the intent to join in and execute the security  therein mention and afterward to convey to the use in the tripartite deed  mention that be the deed January as by the say indenture of revocation appear  case in chancery January there be diverse other recital inter alian a lease of  the say manor make fever to Engrim and other for year determinable on the  death of Nicholas earl of Banbury and it be agree that till default of payment  of the pound to sir Thomas hewet the profit of the same shall be dispose  accord to the trust in that indenture videlicet for the say Nicholas c year  Nicholas c convey the say manor to the use mention above videlicet to the use  of Nicholas for life the remainder to Isabel for life the remainder to Russel  rich and lake for the life of Nicholas to preserve contingent remainder to  first second three c son of Nicholas c ut above the remainder to Russel rich  and lake for ninetynine year then next and that Russel rich and lake during  the say term shall employ the rend and profit of the premise to the raise of  such sum of money as Isabel by will in write or other write shall appoint and  at such time and in such manner and to such person ut above and in default of  payment at such time the person to who c to take and receive the profit prout  above proviso of revocation in boundary prout above the lady Isabel by will  appoint payment of the pound to the plaintiff and other and she die Nicholas  on treaty of marriage to he have with the countess and pound portion covenant  to levy a fine of the say manor to the use of Nicholas for life the remainder  to the defendant for her life for her jointure the remainder over in tail in  this assurance be the encumbrance except of the ninetynine year and pound  daughter portion in the deed and the mortgage make to sir Thomas hewet for  pound the bill be now to have the other sum of pound limit by the deed and  appointment thereof by Isabel Harvey survive trustee of the first ninetynine  year and lessee by the deed for ninetynine year and the lady jointress be  party the Cause be former hear and a decree pronounce by the Lord chancellor  for the plaintiff and now confirm by he with great earnestness and not without  some reflection on the defendant counsel as if the fee be more regard than the  justice of the Cause case in chancery the point move be that the trust to  raise the pound in question be appoint to be raise out of a estate for  ninetynine year which fall out to be a void estate for it be for the same term  when the former estate for ninetynine year to the earl of Salisbury do  commence videlicet after the death of Nicholas and Isabel which now in event  of the Cause Nicholas have no issue by Isabel fall out to have the same  beginning and end with the former but two term at one time can be in  possession for the same time and the limitation be not that the say manor  shall be to those use but the trust seem to be restrain to the estate of  ninetynine year limit by the deed and to those person videlicet Russel rich  and lake who shall during the term to they limit raise c and where there be no  estate no trust case in chancery er p can be annex nor can there be trustee of  that estate which have no be it be to suppose accidental happening to take a  stand without substantivo in quo to step out and it be colored without  multicolored and it can not be equitable to make the first ninetynine year  liable to this pound for there be no such thing appoint by the first  ninetynine year and the plaintiff here claim by a voluntary conveyance without  any agreement or contract precedent for the do thereof but the defendant claim  upon a valuable consideration of pound marriage and jointure and this a hard  strain to translate a trust charge particular on a estate of ninetynine year  which be a void estate beyond the word express to another estate for though in  truth Nicholas may have charge the first ninetynine year after the first  charge thereon yet he do not do it and the mention that the deed and be for a  portion of money pay that be true for no more be pay than what be pay and  satisfy by the former settlement the Lord chancellor decree the contrary that  the trust of the last pound shall be charge on the first ninetynine year for  Nicholas intend the raise thereof and have power to charge the first  ninetynine year therewith after the other pound raise and regard only the  party intent to raise the money though he pitch not on proper mean case in  chancery but it be object that the plaintiff Title be voluntary and the  defendant for valuable consideration the plaintiff Title prima fancy be  fraudulent against a purchaser the chancellor say a voluntary conveyance may  be good and not fraudulent and that from the circumstance of person of honour  who be trustee and conclude it not fraudulent and though he be press to direct  a trial at law on that point will not do it for whether fraudulent or not be  proper for this court the defendant be a purchaser have no notice of the trust  on the last lease or estate for ninetynine year and so not bind by it clear  she nor her friend have no actual notice and the rather for that the deed of  be revoke and so be recite to be and there be indeed mention that a estate be  to be create to Russel rich and lake and their heir but no mention that there  be any new estate for ninetynine year to be make to they nor of the trust to  raise the pound herein mention but my Lord chancellor declare that there be  sufficient notice in law or a imply notice for the mortgage to hewet be except  in the defendant conveyance and therefore they can not be ignorant of the  mortgage and ought to have see that and that will have lead they to the other  deed in which pursue from one to another the whole case must have be discover  to they but against this it be object that the defendant can not enforce the  mortgagee to show his assurance nor will any mortgagee so do and when there be  only pound due thereon which the Jointresses friend be content to be charge  with there be no reason to inquire further especial into thing collateral to  the mortgagee estate beside notice to charge a purchaser ought to be perfect  and complete and there be no mean for such notice for two thing be to be  notify videlicet a power to charge the pound and execution of that power of  which there be no colour nor no mean to be inform for Isabel power be general  to limit the pound to any person or person at any time by deed or will so the  enquiry be uncertain and almost impossible to find out case in chancery Mr  Keck press it much that it be without precedent that a voluntary conveyance  shall be decree against a purchaser for valuable consideration purchaser be  ever favour by the court my Lord chancellor be not move with this objection