case henry JEVERS Appellant margaret JEVERS and others Respondents that April  Mews dig seven a on his marriage enter into article whereby he covenant to  settle his whole estate upon himself for life with remainder to his first and  other son in tail No settlement be make pursuant to these article but a when  his old son attain twentyone prevail on he by threat promise etcetera and  under a total ignorance of the article to join in a settlement whereby the  estate be limit to different use and a power give to the father of make a  jointure this settlement be set aside as against the old son for fraud and the  article be establish and the father have on his marriage with a second wife  give a bind condition for make her a jointure this bind be also set aside as  against the heir and the wife be put to seek satisfaction for the penalty of  the bind out of her husband personal asset ground and rudiment of law and  equity p can Eq ab can cite in both book by the name of ivers v ivers John  Jevers the appellant father be seize in fee of several land tenement and  hereditament in the county of Clare in Ireland by article date the that of  April in consideration of a marriage then intend and short after have between  he and Ellen Fitzgerald and of pound marriage portion do among other thing  covenant with Augustine Fitzgerald esquire the lady father to limit and settle  all and singular the premise to and upon he the say John Jevers for life  remainder to the first and every other son of the marriage in tail male with  diverse remainder over and without any power of make a jointure on any second  wife he may marry there be issue of this marriage the appellant the old son  and several other son and daughter but the article be never carry into  execution nor any settlement make pursuant thereto and the appellant mother  die during his brown er p infancy he have not the least notice of the article  the same be industrious conceal from he so that the say John Jevers pass for  the absolute owner of the inheritance and accord take upon himself from time  to time both to mortgage and sell a considerable part of the premise to the  value of pound and upward brown the appellant have attain twentyone in the  year the say John Jevers his father pretend to be seize in fee of the premise  propose to the appellant to join with he in make a settlement of what be leave  undisposed of be about the clear yearly value of pound and refuse to make any  allowance to the appellant for his maintenance or support if he shall decline  join in such settlement the appellant under these circumstance and have no  notice of the article be prevail upon to join in execute certain deed of lease  and release date the d and that of August whereby the premise be limit as to  part to the use of the appellant for life for his support and maintenance and  as to the residue to the use of the say John Jevers for life remainder as to  the whole to trustee for a term of year in trust to raise pound for portion  and maintenance for young child remainder to the appellant for life sans waste  remainder to trustee to preserve the contingent remainder remainder to his  first and every other son in tail male with like remainder to the second and  other son of the say John Jevers and to their first and other son in tail male  remainder to the say John Jevers his heir and assign for ever in this deed be  contain a proviso that it shall and may be lawful to and for the say John  Jevers and every of his say son when in possession of the premise by indenture  under their respective hand and seal testify by three or more credible witness  to grant limit or appoint any particular parcel of the say land and premise as  a jointure to any woman or woman he or they shall thereafter respective marry  for her or their life or life for her or their jointure so as the premise so  to be limit do not exceed pound per and and so as no such jointure shall be  make dispunishable of waste and also power to the say John Jevers by and with  the consent and approbation of the appellant to revoke annul and make void the  say settlement or any part thereof or any of the use grant or limitation  thereby make soon after perfect this settlement the appellant father  intermarry with the respondent Margaret who be then a widow with several child  and entitle to no other fortune than two several leasehold farm in the county  of Limerick and Tipperary subject to considerable reserve yearly rend but  previous to this marriage John Jevers execute a bind to one John Jephson in  the penalty of pound condition that he shall after the marriage settle land of  the value of pound per and upon the respondent Margaret for her life the say  John Jevers never execute any deed for settle a jointure upon the respondent  Margaret nor be he ever call upon by her or her trustee so to do but upon  several occasion after his marriage he lie out considerable sum of money for  her benefit and advantage and particular pound as a fine pay upon the renewal  of one of her say leasehold estate however in his last illness he direct a  deed to be prepare and ingross for limit a particular part of the premise upon  her for her jointure but by some accident this deed be never execute brown on  the d of December John Jevers die have first make his will and thereby among  other thing bequeathe to value of pound to the respondent Margaret and thereof  appoint the respondent Blenerhasset and Jevers executor notwithstanding these  bequest so make to the respondent Margaret and of which she immediate possess  herself together with the several sum before lie out for her benefit far  exceed the sum of pound the penalty of the say bind and be a consideration  more than adequate to any provision which she can claim under it yet in easter  term she exhibit her bill in the court of exchequer in Ireland against the  other respondent and the appellant pray either that the executor may out of  the testator personal estate pay and satisfy the say pound with interest for  the same since the testator decease or that she may be put in possession of so  much of the say settle premise as shall appear to be of the value of pound per  and and be pay the arrear thereof grow due since the testator death brown er p  the appellant by his answer to this bill insist upon the benefit of the  article in and that he have never see or be make acquaint with or have the  least notice of they at the time of his be draw in to execute the settlement  in that as his title under the article be not disclose but industrious conceal  the settlement of be a fraud upon he and he be not to be bind thereby nor  oblige to make any settlement upon the respondent Margaret the cause be at  issue and witness examine be hear upon the that that and saint of may and the  court have take time to consider thereof be afterward upon the that of June  follow please to order and decree that the appellant shall by sufficient deed  convey to and settle on the respondent Margaret so much of the say premise as  shall in the whole amount to the clear yearly value of pound to be by her hold  and enjoy as a jointure for and during the term of her natural life and that  the appellant shall account with her for the arrear of the say pound since the  death of his father and that it shall be refer to the chief remembrancer to  state and audit the say account from this decree the present appeal be bring  and on behalf of the appellant it be insist n fazakerly W Hamilton that he be  draw in by fraud and concealment of the article of to join in the settlement  of and ought not therefore to be bind by it that by this settlement John  Jevers have only a power to limit any particular parcel of the land therein  mention not exceed pound a year as a jointure but he have never make use of  that power or execute any deed for that purpose and it seem unreasonable to  compel the appellant to make a settlement which his father who have the power  never think fit to do that the bind be only condition for the settlement of a  jointure of pound without refer to any particular estate out of which such a  provision be to be make ought not to create any real or specific lie upon the  land comprise in the article under which the brown appellant appear to be a  purchaser for a valuable and meritorious consideration beside the respondent  Margaret rely upon this bind without have any deed execute pursuant to the  power in the settlement and therefore she ought to claim a satisfaction out of  the testator personal estate and if she give credit as it be apprehend she  ought for what she have already receive she will have more than a adequate  satisfaction for her demand under the bind it be therefore pray that the  decree may be reverse on the part of the respondent Margaret it be contend d  rider I Browning that she be a purchaser for a valuable consideration of her  jointure of pound a year and that not only by her marriage which alone have  always be esteem a sufficient consideration but also by her personal and  leasehold estate that court of equity constant decree the execution of power  in favour of purchaser not only against the person who for valuable  consideration agree to execute they but against those in remainder also and as  the bind ought to be consider as a equitable execution of the power it ought  to be make effectual by the assistance of a court of equity and especial as it  appear by the ingrossment of the deed that the testator have not only a  intention to execute the power legal but have likewise fix upon the particular  land to be settle for that purpose that by the date of the settlement and bind  both be on the same day and by the draft of the deed prepare by the testator  direction it appear that the intention of the party to the marriage agreement  be that it shall be perform by a execution of his power and therefore it be  hope that the decree will appear to be right and just and consequent be affirm  but after hear counsel on this appeal it be order and adjudge that the decree  complain of shall be reverse and that the respondent Margaret bill as against  the appellant shall be dismiss and it be further order that it shall be refer  to the deputy remembrancer of the say court of exchequer to compute interest  for pound the penalty of the bind give by the appellant father condition to  settle a jointure of pound per and on the respondent Margaret from the time of  fill the say bill and to tax her cost in the say court and that the say sum of  pound and the interest thereof and cost shall be pay to her by the respondent  the executor out of his personal estate in a course of administration and in  case they shall not admit asset it be further order that it shall be refer to  the say deputy remembrancer to take a account of the brown er p personal  estate of the say testator which have come to the hand of the respondent the  executor or either of they or of any other person by their or either of their  order or to their or either of their use respective in take of which account  they be to have all just allowance and the say deputy remembrancer be at  liberty to state any matter relate to the say personal estate special to the  court if there shall be occasion and it be further order that the say court of  exchequer shall give the proper direction for take the say account and payment  of the say money in pursuance of this order jour vol p