c hicks v Pendarvis S c Eq can ab condition in terror five hundred pound be  devise to the plaintiff wife if she marry with the consent of certain trustee  and in case she do not then pound per annum for her life she marry the  plaintiff without the consent of the trustee and he prefer his bill here for  the pound and it be urge on the behalf of the defendant that this do differ  from the common case of a devise upon a condition in terror for it have always  be hold that where there be a devise over to a three person for nonperformance  of the condition there if the party marry without consent c all shall go to  the three person because he have a conditional interest by the will and if  there be no devise over then it be esteem only in terror and the party shall  have the legacy notwithstanding the breach of the condition ante c p and c p  note but here this be tantamount or as strong as a devise over when the party  himself say that if she marry without consent she shall have but pound per  annum but to that it be answer by the Lord chancellor that this differ not  from the reason of the common case of a devise in terror and the reason he say  he have from my Lord freeman chief justice hale who when it be object in  another case in this court that this court will not make man will for they and  give their estate quite contrary to their intent answer that this court hold  plea of legacy and judge of they by the rule of the civil law and by that law  any condition add to restrain marriage be void dig lib title S so that where a  interest do not accrue to a three person by the breach of the condition such a  condition be void and only in terror and so the pound be decree to the  plaintiff but if it have appear that any surprise or bribe c have be use in  obtain a young in aid to marry unsuitable perhaps this court will order it  otherwise not it be presumable by declare the legacy forfeit but by secure it  for the wife sole use Reg lib a fol Decree that the defendant do pay to the  plaintiff the say sum of pound with interest for the same from the time at  which by the say will it be limit to be pay No cost