case mary vernon widow of bowater vernon against thomas vernon son and heir of  say bowater et e contra at the roll saint Nov sir I Jekyll imperfect execution  of power to jointure by article complete by word of request in a codicil Sugd  on pow lib Reg b to S c cite bro c c Thomas Vernon Esq by his will devise his  estate in Worcestershire to trustee in trust to permit say bowater to receive  the rend and profit during his life with power to settle a jointure on any  woman that he shall marry not exceed pound ayear remainder to his first and  every other son with remainder over Mr bowater Vernon upon a treaty of  marriage with plaintiff covenant with bishop hare and his lady the plaintiff  relation in consideration of pound to execute his power and to settle pound  ayear upon the plaintiff for her jointure and afterward in pursuance of such  covenant by ambler deed recite his power and the covenant and declare that he  be mind to execute his power in the full extent and in the best manner he be  capable of he limit several farm at the rend they be then let at to the value  of pound S ayear and in this deed the rental of each particular farm be  express the marriage take effect and within a little time afterward Mr Vernon  find that the land when the lease expire will not let again for the same rend  but that they will sink in their value about pound ayear make his will and by  a codicil thereto he desire and earnest request his son inasmuch as the land  settle on his mother be great fall in value to make up his mother jointure  pound ayear it be prove in the cause that for fourteen year the land have drop  in the their value and that within six month after the marriage another tenant  will not take they at the old price and that the whole be sink about pound  ayear this bill among other thing be bring against the infant and his trustee  to have the jointure make up pound ayear it be insist by Mr fazakerley and  clarke that these power be always ambulatory and need not be execute all at  one time that in equity the covenant be a execution of the power and a  equitable lie on the land that as the settlement do not pursue the agreement  for the settlement it ought to be rectify by the article as in the case of  west and Erissey p wms that as that which be intend to be the settlement be  not a full execution of the power the codicil may amount to it vern ecles v  England S c Eq can Abr pre Ch and that the word desire and request be as  proper for that purpose as word can be as in the case of mason and Limbury  Trin Geo where the word of the will be I give to my brother Robert mason pound  which I desire he at his death to give ambler er p to his son and his child  and to the child of his late daughter as he shall think fit Robert mason die  in lifetime of the testator after who death the child of Robert and his  daughter be hold entitle to the pound in equal share and they cite the case of  Alford v Alford cite in Lord Coventry case p wms see what be say of this case  in bro c c see I strange ambler master of the bolls the covenant for a  settlement if Mr bowater Vernon have be seize of any feesimple land will have  bind they here he have only a power over land upon which even the covenant be  a specific lie and nothing have be do to hinder the execution of the power in  the full manner it can be deny but that all party intend the power shall be  execute in the best manner that be that pound a year shall be limit not accord  to the value the land be set but accord to their true value in this case the  rental seem to have govern the party but that be a false rule the intention of  the party be that Mr Vernon shall give and the plaintiff have pound a year but  the measure they use in ascertain this deceive they have the settlement  proceed no further than the covenant this court must have estimate it accord  to the real value the thing be of at the time of the article what measure must  we therefore now go by the article be imperfect execute but as Mr Vernon may  direct the execution of the trust vest in his trustee I shall think the will  as to the settlement may be look on as complete and perfect that which be  before imperfect the word desire and request be certain proper word for this  purpose in the case of Cloudesly v Pelham vern testator desire his brother  will pay all his debt and this be hold to be a charge upon his estate and I  think it shall be refer to a master to see what be the real value of the land  at the time of the article and that the jointure shall be supply accord to  that value after recite that upon his marriage with his say wife he have  settle pound per annum on her for her jointure part of which be sink in the  rend and turn upon his hand he request and earnest recommend it to his son to  make up the same pound per annum he will add thereto see roundel v breare vern  and atk Coventry v Coventry S c Mod pale yellow Eq Rep p wms carpenter v  carpenter vern Probert v Morgan atk but there be a distinction when the  agreement or covenant to settle mention particular land and when no particular  land be specify but only that they be to be of a certain value in the first  case the agreement or covenant a lie upon the land specify and will have  precedency of specialty debt but in the second instance the wife will have no  specific lie and can only class acquire step with the specialty creditor of  the husband Fremont v Dedire p wms gulin v lee vern if one have no land  covenant to settle land of such a value land afterward purchase by he will be  liable take v Hastings vern deacon v smith atk and see note there and  Whitchurch v Bayntum vern and in Lench v Lench Ves see cusack v cusack bro p c  so if one covenant to pay money to trustee to be lie out in land and he do not  pay the money but purchase land it will be bind Snowden v Snowden bro see  Lechmere v Lechmere for but a bind to settle land if obligor shall become  seize will not affect land of which he be seize at date of the bind per Lord  Eldon in Prebble v Boghurst Swanst see also Hervey v Hervey atk Sergeson v  Sealey atk Jackson v Jackson bro c c hollingshed v hollingshed cite p wms  Andrews v Emmot bro c c Ves when a testator express a desire and the object  and property to which he refer be certain it amount to a command and raise a  trust in favour of the object intend see caryi v caryi Sch Lef Atkins v wright  Ves S c coop turner Dashwood v Peyton Ves Harland v trigg bro Pierson v  Garnelt bro see prevost v clark mad Forbes v ball mere Paul v Compton Ves  Tibbits v Tibbits Jacob Massey v Sherman post see Pinnel v Hallet post Lord  tyrconnel v duke of Ancaster post marchioness of Blandford v duchess of  Marlborough atk speak v speak vern say vide lady Londonderry wain post see  Sugd pow d Edward ambler er p decree and his honour be of opinion that pound  ayear in land ought to be make good to the say jane Vernon for her jointure  and the master be to see whether when such of the say jointure land as be  again let upon the tenant quit their lease the same be let at their full value  and what be the real value of such of the jointure land as be not let again  but keep in hand and what such value fall short of pound and such deficiency  be to be make good to the say jane Vernon out of the say trust estate from the  death of the say bowater Vernon l r