a widower and a widow be about to intermarry and have only personal estate by  article make before marriage agree that in case the husband survive he shall  have pound only out of his wife be personal estate and the rest to be at her  disposal c and in case the wife survive then she be to have pound out of the  husband be personal estate without say only or no more the husband be a  freeman of London die and his wife bring her bill for a account of his  personal estate over and above the pound and to be let into her customary  share thereof but it be decree that the equal construction of these article  must be to exclude the wife from any further share out of the estate and  though the word be not so full to exclude her yet the intent of the article  appear to be a mutual reciprocal agreement between they for settle each other  claim ought not to be extend large on one side than on the other and therefore  the wife must have only the pound decree mich pot and lee pale yellow Eq Rep  SC cite in the follow case by the name of pot and lee in as many word on a  treaty of marriage between the defendant and her late husband Edmund Waterson  decease indenture by lease and release by way of settlement be execute whereby  in consideration of the intend marriage and pound marriage portion land to the  value of pound per Ann be limit to the defendant for life for her jointure and  in full of all dower and Title of dower to any land tenement or hereditament  whereof or wherein her say intend husband be or shall be seize of any estate  of inheritance during the coverture between they and in the release William  Waterson father of Edmund covenant that equity case abridge in case Edmund  survive he then all his real and personal estate whereof he shall die seize or  possess shall descend and come to Edmund his heir executor and administrator  the marriage take effect William Waterson die whereby some real estate and a  considerable personal estate come to Edmund then Edmund make his will and have  no issue devise pound to his wife and some other legacy and devise the residue  of his personal estate to be lie out in a purchase to be settle on the  plaintiff Bonnells who be his nephew and make the plaintiff Atkins his  executor and die and the bill be bring against the widow for a discovery and  account of the personal estate and that it may be lie out in a purchase and  settle pursuant to the direction in the will the widow insist by her answer  that her husband be a freeman of London and that he die without issue she as  his widow be entitle to a moiety of his personal estate as her customary share  and whether she be so entitle or not be the single question for the plaintiff  it be urge that she be not for that by this settlement she be provide for  already and by the custom of London where widow be compound with as they call  it she can be let in to any other part of her husband be personal estate that  this be find on very good reason that the wife may not depend for subsistence  on the casualty of Trade and other contingency whereto the personal estate may  be liable and therefore since she have in all event secure herself of a  provision and take out so much from the husband be power of dispose of she  ought to rest satisfy with that provision that if this have not be intend in  full of her customary part there will have be negative word or some proviso in  the settlement that it shall not extend to exclude her of her customary share  that the personal share be under consideration as appear by the covenant  concern the disposition of it in case the husband survive his father and  therefore the provision be general equity case abridge er p Atkins v Waterson  equity case abridge er must be intend to be complete and to exclude her from  any other and on this side be cite several case wherein a composition with the  wife have be hold a bar of her customary share on the other side it be argue  that she ought not by this settlement to be exclude from her customary part  that if no settlement have be make she will on her marriage have be entitle to  her dower at commonlaw out of the real estate and to her customary share out  of the personal estate that this jointure come only in lieu of dower of the  real estate and that by the Act of parliament equity case abridge h and  therefore can be no recompense for her customary share of the personal estate  that she be entitle to one by the commonlaw and to the other by the custom and  a recompense provide for one of they only can be no recompense for the other  which she claim by a distinct independent Title that there be no negative word  in the deed make it the strong that they do not intend to exclude her of her  customary share and therefore it be tie up bare in bar of her dower and Title  of dower and suppose by the settlement there have be a provision for her out  of the personal estate only and that have be express to be in full of her  share of the personal estate will that have exclude her from her dower of the  real estate no more ought this jointure which go only in bar of her dower of  the real estate be construe to exclude her from her customary share of the  personal estate and the entry in the city book must be intend where the  composition as they call it be only out of the personal estate and as to the  case which have be in this court they be all to this purpose ld Chan say he  think the reason of the case very strong for the defendant but that this point  may be settle in a proper way desire to have the custom certify whether such  jointure before marriage be limit to be only in bar of her dower shall  preclude her likewise of her customary share afterward the custom be certify  to be that where a freeman before marriage make a settlement on his intend  wife and the same be thereby declare to be in full lieu and bar of her share  of his personal estate that she be thereby bar to claim any of his personal  estate after his death but if the same be express to be in bar only of dower  or three of land tenement and hereditament they say the same have never be in  controversy in this court nor have they any custom concern it it be afterward  decree to be no bar of the customary share Pasc Geo Atkins and Waterson pale  yellow Eq Rep S c but the certificate and decree do not appear vide the case  of babington and greenwood Eq can ab Pt p S p