case hobson versus Trevor Lord Macclesfield Mod stram Eq can ab pl a agreement  in marriagearticle to convey to the husband a three part of what shall come to  the father of the wife on the death of his father this good and equity will  compel a execution the plaintiff Hobson be a young son to lady Hobson and put  apprentice to a linendraper and under age the defendant Trevor be the old son  of sir John Trevor late master of the roll but have incur his displeasure and  be not admit to his presence and it be uncertain whether he will inherit any  part of his estate the defendant Mr Trevor encourage the plaintiff Hobson to  court his daughter without the privity of lady Hobson the plaintiff mother and  the defendant Trevor before the marriage have a bind to the plaintiff Hobson  date Nov in the penalty of pound and in the condition the then intend marriage  betwixt the say plaintiff and the defendant daughter be recite and that the  defendant have agree in consideration of the say intend marriage to settle and  assure one three part of all such real estate as shall descend peer William or  come to he the say Trevor by and upon the decease of his say father the master  of the roll to the use of the plaintiff Richard Hobson for life remainder to  the use of Elizabeth the defendant daughter for her life remainder to the heir  of the body of the say Elizabeth by the say plaintiff Hobson the remainder to  the right heir of the say defendant Trevor after which come these word now the  condition of the obligation be that if the say marriage shall take effect and  the say Edward Trevor shall within three month after the death of his say  father settle and assure one three of all such real estate as shall descend or  come to he after his father death then the bind to be void the marriage take  effect and soon after sir John Trevor die intestate whereby a great real  estate come to the defendant as old son and heir of his father the plaintiff  and his wife bring their bill for a specific performance of this agreement  object the plaintiff shall have no more than the penalty of pound and it be a  dangerous precedent to suffer a heir apparent to enter into any agreement to  dispose of his father estate before he have it beside the plaintiff in this  case make no settlement and it be in the discretion of a court of equity  whether they will execute this or any agreement that be bring before they but  by Lord chancellor this be a agreement make upon a valuable consideration that  of the marriage of a child and therefore fit to be execute in equity and it  seem the more reasonable in regard it extend to no more than a three part of  the real estate that be to come to peer William the defendant from his father  and this be very hazardous for if the defendant Trevor have die in the  lifetime of his father or if there have be a will the defendant who be so well  know to be under the displeasure of his father have but a indifferent prospect  so that it may be reasonable think that the plaintiff at the time have the  worst of the bargain as to the plaintiff make no settlement it appear he be a  infant and the defendant know he to be so and consequent that he can at that  time make no settlement probable the plaintiff depend upon his success in  trade as he have be a apprentice to a linendraper and be leave a portion of  upward of pound by his father then it can be no argument to say that the  defendant ought only to pay the penalty of pound because the agreement be  recite in the bind and such agreement be not to be the weak but the strong for  the penalty and by the same reason that have the penalty be high and beyond  the value of a three part of the real estate in such peer William er p case  the defendant will not have be bind to pay it so now the penalty be beneath  the value of a three part of the real estate the plaintiff be not bind to  accept it beside it be to be a settlement for the benefit of the issue of the  marriage and the payment of the pound to the husband will not answer the end  nor provide for such issue wherefore let the agreement be execute in specie  save that a three part of the real estate which come to the defendant from his  father sir John Trevor must be settle upon the plaintiff Hobson and his wife  for their life remainder to their peer William first c son in tail male  remainder to their daughter in tail general remainder to the defendant Trevor  in fee and let the defendant account to the plaintiff for the mesne profit  from the end of three month after his father death and be examine upon  interrogatory touch his father real estate and produce all book paper and  write upon oath and pay cost vide wright v wright ves Whitfield v Fausset ves  Twisleton v Griffith ante vol and case there collect the authority of the  principal case and of Beckley v Newland ante have be doubt by Lord Eldon  Harwood v take mad Princ Chan Ed and see Carleton v Leighton mere so cannel v  buckle post Moorecroft v dowding post anon mose Howard v hopkins atk hardy v  Martin Cox Prebble v Boghurst swan unless it appear to have be the intention  of the party that the obligor shall have the option of do the act agree to be  do or pay the penalty uvoodward v gyles vern Chilliner v Chilliner ves street  v rigby Ves Magrane v Archbold dow