case thomas Frederick appellant sir John Frederick and other respondent that  may a upon application to the court of alderman for licence to marry a orphan  of the city of London personal agree in open court to take up his freedom of  the city within one year next ensue in consequence of this agreement the  licence be grant and the marriage have but a though he live forty year  afterward never become a freeman and dispose of his estate by will without any  regard to the custom of London hold that the will be void as to two three of  the personal estate and that the same ought to go and be distribute as if the  testator have actual take up his freedom in his lifetime wms viner vol p can  strange in a treaty be have for a marriage between Thomas Frederick who be the  only son and heir of sir John Frederick knight citizen and alderman of London  and Leonora Marescoe a orphan of the city of London and one of the three  daughter and coheir of Charles Marescoe merchant decease then of the age of  brown er p part of her fortune videlicet pound be then in the Chamber of  London other part thereof be in the hand of her mother as executrix of her  father and she be likewise entitle unto a three of two three of her father  real estate in possession and to a three of the other three in reversion after  her mother death which estate be pound per and the fortune which Mr Frederick  afterward acknowledge to have have with her amount to pound by lease and  release date the that and that of January make between sir John Frederick and  dame mary his wife and the say Thomas Frederick his son of the first part  Leonora Marescoe the mother and the say Leonora the orphan of the second part  sir Nathaniel Herne and Joseph Herne and sir John lethieulier and Christopher  lethieulier of the three part in consideration of the intend marriage and of  the say pound brown and take notice also that Leonora the daughter be entitle  to one three part of her father real estate as aforesaid sir John and Thomas  his son convey diverse message in London to trustee and their heir upon trust  as to several of they of the value of pound per and to the use of the say  Thomas Frederick for life without impeachment of waste remainder to trustee to  preserve contingent use remainder to Leonora the daughter during her life for  her jointure and in bar of dower remainder to their first and other son in  tail male remainder to trustee for year remainder to the heir of the body of  the say Thomas Frederick remainder to the right heir of sir John as to other  part of the premise to the use of sir John for life remainder to dame mary his  wife for life remainder to the say Thomas Frederick for life remainder to  trustee for year remainder to the heir of the body of the say Thomas Frederick  remainder to the right heir of sir John and as to the residue to the use of  sir John for life remainder to the say Thomas Frederick and the heir male of  his body remainder to the right heir of sir John by another indenture of the  same date and between the same party sir John covenant to pay upon the day of  marriage to the trustee pound and it be declare that the pound in the Chamber  of London shall immediate after the marriage be also pay to the trustee and  that out of the pound they shall pay the say Thomas Frederick pound to his own  use and that the remain pound together with all such sum of money for the part  and share of the say Leonora of her father personal estate as shall come to  the hand of the say trustee shall be lie out in the purchase of land to be  settle to the use of the say Thomas Frederick for life without impeachment of  waste remainder to trustee to preserve contingent use remainder to the say  Leonora for life remainder to their first and other son in tail male remainder  to the trustee for year remainder to the heir of the body of the say Thomas  Frederick remainder to the right heir of sir John and the trust of the say  several term of year be declare to be to raise portion for daughter if no son  these settlement be make without any previous application to the court of  alderman be consider by all party only in the nature of proposal to be lie  before that court for their consideration it be well know to the party who be  all citizen and freeman that by immemorial custom the sole care and disposal  of the person and portion of all orphan in marriage be vest in the court of  alderman and that it be absolute necessary to lie the settlement before they  to have their consent and approbation to the term of the marriage for that no  licence can he have either for the marriage or for receive the portion of the  orphan without their previous approbation that court be a court of record and  have immemorially exercise this kind of jurisdiction and punish any person who  marry a orphan without their consent by fine brown imprisonment find  otherwise All party therefore apply to the court and lie the settlement before  they for their allowance or disallowance and a special court have consider the  same and all the circumstance both of the orphan and the say Thomas Frederick  make the follow order videlicet that February at this court licence be grant  to maresco one of the daughter and orphan of Maxesco late citizen and of  London decease to marry with Thomas Frederick Esq son and heir apparent of sir  John Frederick Knt and alderman provide that Mr common sergeant do approve of  the settlement make upon the say orphan and signify the same unto brown er p  this court and the say sir John Frederick do thereupon promise and engage that  if the say settlement intend shall not prove satisfactory to Mr common  sergeant and to this court that then he will make up and enlarge the same to  the full be satisfied action of this court and the say Mr Frederick be  thereunto require by this court do promise and engage and the say sir John do  also undertake in his behalf to take his freedom of this city within one year  now next ensue and it be agree by this court that for the future when any  person not free of this city shall address themselves to this court for  licence to marry any orphan of this city that they be first require and urge  by this court to take their freedom of this city before this court give  consent to such marriage upon the humble desire of Thomas Frederick the son of  sir John Frederick Knt and alderman and citizen and grocer be capable of his  freedom of this city by patrimony in the company of but desire to be admit  into the freedom of this city in the company of it be order by this court that  the say Thomas Frederick shall be admit into the freedom of this city by  redemption in the say company of pay to Mr chamberlain for the city use S d on  the that of February the marriage be have and the pound be pay to the trustee  who pay to the son pound the pound be also soon after receive out of the  Chamber of London which together with the pound the remain part of the pound  be put out at interest so that all that be stipulate for on the orphan part be  perform and every thing be complete except what be to be do on the part of the  say Thomas Frederick on the that of November a order be make by the court of  alderman recite that the say Thomas Frederick have not take his freedom of the  city notwithstanding the engagement he have make in that court for that  purpose and direct that he shall be warn to appear before that court on  Thursday then next and he still neglect to pay any regard to that summons or  to take up his freedom the follow order be make videlicet brown that march  upon some debate now have in this court touch Mr Frederick who marry one of  the orphan of Marescoe decease not have take his freedom of this city accord  to his promise make unto this court at the time he have licence to marry her  whereby she if she survive he will not be entitle to the three of his personal  estate in like manner as the widow of freeman be it be by this court refer to  Mr recorder and Mr common sergeant to peruse and confide of the settlement  make upon the say orphan and also the marriage agreement and see if the same  be make accord to the direction and intent of this court and the say Mr  Frederick promise and to certify to this court how they find the same and  their opinion therein it be observable that sir John Frederick the father  preside in this court as locum to hold and pronounce this order to enforce the  performance of his son promise and his own undertake but notwithstanding these  several order it do not appear that the say Thomas Frederick pay any obedience  to they by take up his freedom or ever make any objection thereto before the  court but he soon get all the money which be in the trustee hand into his own  except pound and never lie out any part of it in purchase Mr Frederick  afterward treat his wife and child with great unkindness and severity although  they constant believe themselves towards he with the utmost duty and  submission at last he show such a settle aversion to they and his behaviour be  such that their life be render so uncomfortable that they can no long live  with he a separation be therefore in agree upon and article for that purpose  execute whereby he allow his wife only pound per and and her daughter pound  per and apiece and among several other extraordinary clause in these article  he oblige they that without his consent in write they shall not come to any  place or make any visit to any person within yard of his habitation upon pain  of forfeit out of their allowance S apiece for every such visit his usage  towards his old son the respondent sir John be equal severe brown er p for he  be at least year of his life even to his father death banish the family  without the least misbehaviour or undutifulness on his part and in the year Mr  Frederick levy a fine and bar the entail create by the settlement of January  in all the estate therein comprise except those which be settle on Leonora in  jointure Mr Frederick have acquire a very great personal estate make his will  date the that of may and thereby give to his wife pound over and above her  jointure and to his old son sir John pound over and above what be settle upon  he by his marriage agreement to his son sir Thomas pound to his daughter mary  Leonora and jane pound apiece but these legacy to his old son and daughter be  give upon this brown express condition that they shall not contest his will  with his executor or other his legatee and that the say legacy shall not be  pay they but upon their respective release all manner of right claim and  demand whatsoever in law or equity to his real or personal estate after give  several other legacy he devise to his executor and trustee the residue of his  personal estate in trust thereout to pay themselves pound apiece and a  maintenance for the appellant till his age of and then to assign transfer and  deliver the remainder to he but if he die before that age then all the estate  and premise give to he be to be equal divide between the respondent John and  Charles the testator young son and as to his house and real estate whereof he  have bar the entail as aforesaid and which be of the yearly value of pound he  devise the same to his second son sir Thomas and the heir male of his body  with remainder to his own right heir on the saint of may the testator die and  on the that of July follow Leonora his widow bring her bill in chancery to  carry into execution and to have the benefit of all the agreement make upon  her marriage and particular the engagement of her late husband and his father  so solemnly enter into with the court of alderman before her marriage and that  she and her child may have two three of her husband personal estate in  conformity to the custom of the city and for a account of such personal estate  and to have the trust money in his hand lie out in purchase the appellant also  bring his bill to have the benefit of his father will and that proper  direction may be give for carry the same into execution on the that of march  both cause be hear before the Lord chancellor Macclesfield who have take time  to consider thereof make his decree on the that of August follow and thereby  declare that he be of opinion that the testator be bind by the agreement make  before his marriage with Leonora and that his take up his freedom of the city  of London be part of such agreement and that as he be bind so his executor and  all person claim under his will ought likewise to be bind by the say agreement  and that the same ought to be perform accord to the true intent and meaning  thereof so as that the widow and her child may have the benefit and fruit of  it and that therefore the will ought to be deem and take to be void as to two  three of his personal estate and the same ought to go and be distribute as if  he have actual take up his freedom in his lifetime and his lordship do order  and decree the same accord and in order thereto decree a account to be take of  the personal estate with the usual direction for take the same and after  direct the real estate devise to sir Thomas Frederick to be disencumber out of  the personal estate and so much of the trust money agree by the marriage  settlement to be invest in land as come to the hand of the say Thomas  Frederick to be raise out brown of his personal estate and invest accord and  the rest of his debt to be pay it be decree that the residue of such personal  estate consist chief in stock in diverse company and in bind and annuity from  the government and other security shall be divide in specie in three except  the bank stock and parliamentary lottery subscribe into the bank which be  specifical devise to the executor in trust in the first place for payment of  pound legacy and as to the remainder thereof in trust for the benefit of the  testator two young grandson which say bank stock and lottery or the produce of  the say lottery arise on the subscription make of the same into the south sea  company be to be value by the master and a price to be set upon the same at  the time of the brown er p division of the say estate and instead of the  specific division thereof the master be to allow to the widow and her child  the value or amount of two three thereof out of the residue of the testator  testamentary part of his personal estate and when the personal estate shall be  so divide as aforesaid it be decree that one three part thereof shall be pay  transfer or deliver by the executor and receiver to Leonora the testator widow  and that one other three shall be divide into five part equal between the  testator five child and be accord pay transfer or deliver to they respective  and that the other three shall go and be dispose of as near as it can accord  to the testator will and it be refer to the master to settle the proportion  thereof between the defendant the testator three grandson but as to the money  legacy give to the testator five child John Thomas mary Leonora and jane his  lordship declare that they can not have the benefit of the agreement and  likewise of the will and they then elect to have the benefit of the agreement  and not to take the money legacy by the will it be thereof order that the say  money legacy to they devise and also the money legacy devise to sir Thomas  Frederick by the will shall sink into the testamentary part of the testator  estate pursuant to this decree the master make his report on the that of  December and thereby certify that he have take a account of the testator  personal estate and divide the same into three this report be make with the  unanimous consent of all party interest who be then of age and sign by they  and be absolute confirm by consent as to they and against the infant and  executor accord to the course of the court and accord the share of the  personal estate belong to the widow and her five child be pay and assign to  they by the executor and trustee and what be belong to the appellant and his  two brother be reserve for they until they come of age on the d of August the  master make another report certify that the widow and her five child have  acknowledge before he that they have receive their several sharer and this  report be sign in like manner as the former brown all party interest who be of  age be in the full possession and quiet enjoyment of what be thus assign to  they a treaty of marriage be in January have between the respondent Rumney  Diggle and Leonora his wife one of the testator daughter and previous to the  marriage a agreement be make to which sir Thomas be a party whereby all the  portion of the respondent Leonora which consist of the particular of her share  of her father mask estate allot to her by the decree and report be assign to  trustee for the benefit of they and their issue a settlement be also make by  James Lannoy Esq of his estate of about pound per and upon the respondent the  duchess and her issue in consideration of the increase of her fortune and six  several long annuity of pound per and each part of her share of the testator  personal estate allot to her by the report be assign to sir Thomas Frederick  and another trustee in trust for the duchess for life remainder to Leonora her  daughter for life remainder to Mr Lannoy soon afterward Mr Lannoy die have  make his will and thereof appoint the duchess residuary devisee and sole  executrix and pursuant to a decree of the court of chancery find upon this  will in consideration of pound pay to the duchess the reversion of the say six  annuity be assign by sir Thomas Frederick to James Colebrook and James ruck by  several deed poll Leonora the testator widow assign pound S d per and in long  annuity part of her share of the testator personal estate to the respondent  sir John for his own use sir John previous to his marriage with mrs Kinnersley  in consideration of her portion assign pound per and of these long annuity to  trustee upon trust to sell and invest the same in a purchase of land to be  settle upon his lady and the issue of that marriage previous to the marriage  of the respondent Thomas Powell with the respondent mary his wife his real  estate in consideration of her portion which consist of the particular of her  share of her father personal estate allot to her by the report be convey to Mr  justice price and sir Thomas Frederick upon trust for secure pound per and  rend charge for heir jointure and then the say real estate brown er p together  with her portion be settle for the benefit of the say Thomas Powell and his  wife and their issue on the that of October the appellant attain the age of  twenty two and be desirous to have his share of his grandfather personal  estate allot to he by the report of the that of December pay and transfer to  he sir Thomas his father apply to Leonora the widow and to the respondent mrs  Powell and mrs Diggle and desire they to consent to a motion to be make by the  appellant to have his share assign to he and at the same time sir Thomas  assure they that the appellant whole acquiesce in the decree make by Lord  Macclesfield and brown that nothing be or shall be attempt by the appellant  any way to vary or alter the same and thereupon they ready consent thereto and  sir Thomas then send the follow letter to the respondent sir John videlicet  dear brother have prepare a petition to the court of chancery that messieurs  peer William Mr Borret and chapman shall transfer and make over to my son  Thomas Frederick what be decree he by the court of chancery as the  testamentary part of my decease father estate he whole acquiesce to what my  Lord chancellor Macclesfield have do I acquaint my mother herewith and my  sister upon our apply to the present Lord chancellor secretary Mr Woodford to  have it present he acquaint we that my Lord have make a resolution to hear no  more petition till the that of march next and that he be further resolve not  to hear any in private have occasion I to proceed by way of motion and which  must be do on Thursday next the last day of the term that my son shall not  lose so much time this I have not notice can be do till two oh clock this day  and since I have be with my mother to acquaint her with the nature of the  thing the motion be that the family show cause as soon as convenient they can  why he shall not be put in possession of the follow sum decree by my Lord  Macclesfield as his part of his grandfather estate east India stock in the  name of Thomas Frederick Esq decease pound million bank do pound S d south sea  stock do pound S d orphan fund do pound S d long annuity pound per and this  you will perceive be only matter of form and none of you shall be put to any  charge and I believe will be ready consent to it no way break into any thing  that have be do by the decree on your behalf Mr jodrell I have desire my  mother to appear on your side and I shall take care he be feed for the same  and I have desire brother Diggle to appear on my part as guardian and Mr  Lepostres as receiver and Mr mead on my son so that you will see we take all  the charge upon we and there be nothing do or shall be do in prejudice to the  decree and be only to get my son into possession of what be decree he  wherefore I will not have you hurry yourself to town unless it be your own  inclination be dear sir your affectionate brother and humble servant Gerard  street Jan Thomas Frederick this letter though date the that of January be  real write on the that of February and receive by the respondent sir John on  the that of February who immediate brown come to town and upon discourse with  his mother and sister and communicate the say letter to they they all agree to  consent to the motion accord on the that of February the motion be make and  upon hear the decree the master report of the that of December and the  testator will read and counsel for the widow the respondent sir John her old  son and her three daughter consent thereto and counsel for sir Thomas and his  two young son and for the executor William Borret and chapman not oppose the  same it be order that the executor shall forthwith transfer to the appellant  his executor administrator and assign the say pound east India stock pound S d  million bank stock pound S d orphan fund and pound per and long annuity at the  exchequer contain in the master report and also pound S d south sea stock and  pound S d south sea annuity be the produce of the pound S d south sea stock in  the report mention to belong to the appellant and therein the executor be  thereby indemnified but notwithstanding this order the appellant think proper  to appeal from the brown er p decree insist t Lutwyche n fazakerley that it  ought not to be consider as any part of the testator marriage agreement that  he shall be make free of the city of London and it be apprehend that if the  entry in the book of the court of alderman be to be take as evidence concern  the term of the marriage yet there be not any thing therein from whence it can  be infer that the court of alderman will not consent to the marriage unless  the testator have consent to take up his freedom of the city on the contrary  the licence be grant to mrs Marescoe to be marry to Mr Frederick provide the  common sergeant approve of the settlement make upon her and signify such  approbation to the court and what follow in the entry seem plain to import  that Mr Frederick take up his freedom of the city of London be no part of the  condition on which the licence be grant but a thing mere collateral and may be  propose by the court of alderman out of regard to the interest of the city in  order to increase the number of rich freeman who may be proper to serve in the  Chargeable office of the city that this appear the more probable from the word  of the order immediate follow videlicet that for the future when any person  not free shall address for leave to marry a orphan they shall be first require  and urge but it do not say oblige to take their freedom before the court give  consent to such marriage that there be no instance give wherein this latter  order be pursue but on the contrary several instance be prove in the cause  where non freeman apply and have licence to marry orphan without be require or  urge to take their freedom particular this Leonora own sister jane Marescoe  have licence on the that of June to marry John Leukner Esq a non freeman upon  a settlement make to brown the satisfaction of a committee and the recorder or  common sergeant and they be marry accord and Mr Leukner be never urge or  require to take up his freedom that if the testator take up his freedom have  be intend to be part of the marriage agreement the court will have oblige he  to do it immediate or make that as well as the settlement a part of the  condition of the licence and not have give he a year time to do what may have  be do in a day for if he have die within the year it can not have be pretend  that he have break his promise nor can his widow have have any benefit by it  that the testator be marry on the d of February which be eight day after the  licence and in a few day afterward the fortune be pay out of the chamber of  London and though it do not appear that the common sergeant make any report  about the settlement yet it must be presume that he be satisfy with it and  acquaint the court that it be adequate to Leonora fortune because if it have  be otherwise the fortune will not have be pay out of the chamber that it  appear by the settlement that mrs Frederick friend take care to have a ample  provision make for her even beyond her fortune at that time her money in the  chamber of London be about pound and she be entitle as one of her father  coheir to about pound per and in possession and to the reversion of about  pound per and more after her mother death the estate settle by sir John  Frederick for her jointure be then pound per and and afterward increase to  about pound per and and by the marriage agreement there be pound include her  own pound to be lie out in a purchase of land for a further settlement on her  and her issue male so that her old son the respondent sir John Frederick enjoy  above pound per and under the marriage settlement and agreement which be not  affect by the testator will or the decree now in question great stress be  however lie upon the additional fortune which come to mrs Frederick after her  marriage which be allege to have be very large but this be entire unknown and  unexpected at the time of the marriage and be many year afterward recover by  the testator in a suit against her mother and amount above the charge to no  more than pound and all that he receive beside be pound per and include tax  out of the real estate which fall to her by the death of her mother and sister  about sixteen year before his death so that the provision make for her upon  the marriage appear to be adequate not only to the fortune which she then have  but even to what she afterward become entitle to by accident further it be  apprehend that the decree be not warrant by any precedent and have extend the  power of a court of equity far than have be usual do it be in the matter of a  local custom which it be not usual for a brown er p court of equity to enforce  but shall it for argument sake be take for grant that the testator be make  free of the brown city of London be part of the marriage agreement yet he be  now dead it be become impossible that he shall be so and it appear strange  that a court of equity shall consider a man to be a freeman of London as to  one particular purpose only videlicet to restrain he from dispose of his  personal estate as he have think fit to do by his will the inconvenience of  which be find to be so great that by a statute George I such who be actual  freeman of the city be now in a great measure set free from such restraint it  will not sure be insist upon that the testator in his lifetime can by virtue  of this pretend agreement have claim or enjoy any of the real privilege and  advantage of a freeman of the city of London and therefore it will be strange  to say that now he be dead his personal estate shall be subject to the custom  of the city of which for the improvement of that estate he can enjoy none of  the privilege while alive nay it may be question whether by the settlement  make previous to the testator marriage his widow be not bar of any customary  share of his personal estate even though he have actual be a freeman that the  decree be absolute and the appellant be a infant at the time of its be  pronounce and no day be give he to show cause after his come of age it be in  that respect erroneous that after so great a length of time the testator may  have reason to apprehend that he be under no obligation to become a freeman of  London and may thereby presume that he have no occasion to lie out his  personal estate in the purchase of land upon which if he have so do the custom  of London can have have no effect upon the hear of the cause the respondent  produce the two follow order of the court of alderman videlicet novemb order  that Mr Frederick and Mr peak have neither of they take their freedom of this  city notwithstanding several engagement by they heretofore make in this court  be warn to appear before this court on Thursday next January order that Mr  Frederick and Mr Normansell have notice to appear before this court on this  day sevennight they also produce the order before state of the that of march  and from these several order will infer that the proposal of the court of  alderman to the testator for take his freedom at the time when they give he  the licence to marry be intend for his wife benefit and that his promise so to  do be part of his marriage agreement and of the condition of the licence but  it do not appear that the testator attend the court upon either of the two  first order and it be presume he do not nor do it appear that he have any  notice to attend upon the day that the last order be make and though upon  debate of the matter the court of alderman declare their opinion that upon the  testator not have take his freedom accord to his promise his wife if she  survive he will not by the custom of London be entitle to the three of his  personal estate yet they do not declare their opinion that this promise be  part of his marriage agreement or of the condition upon which the licence  brown be grant to marry for in that case the court have a power of punish he  by fine and imprisonment at their discretion and will no doubt have execute  that power as they do in the case of the marriage of Ann Marescoe the sister  of Leonora when they fine David gansell pound and commit he to Newgate till it  be pay for marry her without the consent of the court and they also commit  Jacob David to Newgate who marry the mother until he pay a fine of pound for  give the say Ann in marriage but after all their debate upon this case they be  so well satisfy that the make a suitable settlement on Leonora be the single  condition of their licence to the testator to marry her and that the promise  of take up his freedom be but collateral that the only order they make be to  refer it to the recorder and common sergeant to see if the settlement and  marriage agreement be make accord to the direction and intent of the court and  after this nothing further be do in the matter either by the court of alderman  or any of Leonora relation on her behalf till the time of the testator death  which be forty year afterward and even though there be such unhappy difference  between he and her as have be already state brown er p but the respondent have  think fit to make three objection to this appeal I that several part of the  testator personal estate which they have respective receive under the decree  have be since settle upon the respective marriage of the testator daughter and  that part of what the widow in her lifetime give to the respondent sir John  Frederick out of her share which be allot to her under the decree be settle  upon his marriage and that it will be a great hardship to break into these  settlement two that sir Thomas Frederick the appellant late father have do  many act whereby he testify his consent to and approbation of the decree and  III that the appellant himself since he have attain the age of twenty two have  signify his consent to the decree and the report and proceed subsequent  thereto by his move the court of chancery for a order to have his share assign  to he in answer to the first objection it be say that nothing do subsequent to  the decree during the appellant infancy by any agreement make between the  respondent can alter or vary the justice of the case from what it be when the  decree be pronounce but that with regard to the appellant the merit of the  case must be consider as they appear to be at the hear of the cause and the  rather as all the respondent very well know that the decree under which they  have their distribution contrary to the testator will be make against the  appellant then a infant and that though no day be give he to show cause  against it after he shall come of age yet that he will nevertheless have the  liberty of a appeal against it upon which that decree may be reverse if it  shall not appear to be just and right but however the appellant voluntary  offer that such part of the testator estate distribute under the decree as  upon the respective marriage of the respondent his daughter shall brown appear  to have be real and good fide settle to the use of their respective husband  and child and such part thereof as be give by Leonora his widow in her  lifetime to the respondent sir John Frederick or distribute to he under the  decree and shall appear to have be real and good fide settle on his marriage  for the benefit of his wife and child shall remain and be enjoy accord to such  respective settlement provide that this offer shall be without prejudice to  the appellant in relation to the rest of the estate in question by this  concession of the appellant a considerable part of the testator estate will  remain to the respondent his daughter and the respondent sir John will retain  thereout pound per and contrary to the testator will beside above pound per  and which he enjoy under the testator marriage settlement so far be the  appellant from be desirous of break through any of those settlement which have  be respective make on good and valuable consideration although he consider it  as part with so much of his own estate as to the second objection it be say  that as to any act do by the appellant late father which may imply his consent  to or approbation of the decree nothing can thence be infer to prejudice the  right of the appellant to any part of the estate give he by the will of the  testator his grandfather and as to the three objection it be insist that the  appellant move the court of chancery for such part of his grandfather estate  as remain in the hand of his executor can not be construe into any approbation  of the decree because so much be certain due to the appellant in all event and  may be receive by he without prejudice to his controvert the decree as to the  residue beside the appellant be but late return from his travel abroad and be  unacquainted with the circumstance of the case but afterward apprehend himself  aggrieve by the decree the order make upon that motion have never be carry  into execution on behalf of the respondent it be urge p York c Talbot that the  settlement make previous to the application to the court of alderman be not in  their nature nor be intend to be final but subject to their approbation and to  be vary and alter as they think proper that they be consider by all party only  as proposal and especial by sir John Frederick and his son and therefore sir  John offer to make up and enlarge the same to the satisfaction of the court  and this be the strong because the relation have no power to dispose either of  the person or fortune of the orphan without the consent of the court that  these settlement consider by themselves alone will appear to brown er p be  defective in value with regard to the portion as well as in not provide for  young child and to be in no degree equal to a settlement which be prove in the  cause to have be require by the court of alderman and to have be accord make  upon the marriage of Mr Leukner with jane one of Leonora sister and who  portion be no more than equal to she and the estate which be now come to the  respondent sir John under these brown settlement be not worth near so much as  the fortune which his father acknowledge to have receive with sir John mother  videlicet pound it be reasonable therefore that the court of alderman shall  insist upon the promise to take the freedom as well to secure a provision for  the young child as to increase that which be propose to be make by the  settlement for the wife and the old son of the marriage and the licence to  marry be grant upon that express promise that this promise be evident part of  the marriage agreement because it be make in open court upon application for  licence to marry and be enter in the same act of court with such licence and  the direction of the court touch the settlement which altogether constitute  one entire and complete agreement and Thomas Frederick by desire afterward at  the same court to be admit to his freedom further confirm his first engagement  that this contract be transact in the most solemn manner and make upon the  most meritorious consideration and be make upon the marriage of a orphan ought  to receive the most liberal construction in favour of her and her child beside  it be just and reasonable in itself and be a promise make in a court of record  be strong than if a covenant for that purpose have be insert in the deed that  all agreement make upon a valuable consideration be in equity consider as  perform at the time when accord to the tenor of they they ought to have be  perform and be deem to have the same consequence because the party contract or  any claim voluntary under he ought not to profit by his own neglect or default  nor shall those for who benefit such contract be make be sufferer by that  default that the appellant attempt to overturn all these solemn proceed be the  more extraordinary when it be consider that in lieu of the present reasonable  division of the estate under which the appellant himself have so very large a  share he will establish his grandfather will which bear upon the face of it so  great and unnatural a inequality and his direct that even the small legacy  thereby give to his old son and daughter shall be upon express condition of  their not contest his will either in law or equity and give release of all  claim upon his estate be the more severe because they can have no claim upon  any other account than this which they now so just insist upon and which be  allow they by the decree and show the testator consciousness that there be a  foundation for such claim that as the decree be just in itself and agreeable  to the rule of equity so it be apprehend to have receive confirmation from the  acquiescence of all party for near ten year and also from the assent of the  appellant himself upon his apply to the court after attain his age of twenty  two for his share of the estate under the decree but if it shall now be  reverse the respondent may be order to perform that which by reason of their  marriage settlement be become impossible and which will throw themselves and  their family into the utmost confusion if on the contrary the decree shall be  affirm every branch of the brown family will remain in the same condition they  have be in for near ten year pass the several marriage settlement will be in  peace and all person claim under they will enjoy the benefit and provision  thereby stipulate as to the objection that the appellant be a infant at the  time of pronounce the decree and yet have no day give he to show cause against  it on his come of age it be say to be a objection against the constant and  uniform practice of the court for all decree relate to personal estate and  matter of account where it be necessary to make infant party be always  absolute without allow the infant a day to show cause and it will introduce  the great confusion to have this method break into but this objection be still  more extraordinary in the present case where the appellant long after attain  his age of twentyone have apply for and obtain a order to carry the decree  into execution it be therefore hope that the decree will be affirm and the  appeal dismiss with cost brown er p accord after hear counsel on this appeal  it be order and adjudge that the same shall be dismiss and the decree report  and order therein complain of affirm and it be further order that the  appellant shall pay the respondent sir John Frederick Thomas Powell and his  wife and Rumney Diggle and his wife pound for their cost jour vol p