case jaggard versus jaggard all econt December Eq Abr n S c a before marriage  covenant to settle land in consideration of pound portion on himself for life  remainder to their first and other son in tail remainder to the daughter in  tail remainder to himself in fee with a power of revocation reserve to the  wife father then beyond sea the marriage be have and a daughter bear and the  husband be take sick devise pound to his daughter and if his wife be enseint  shall have a posthumous daughter she to have pound of the pound and if either  die before or marriage the survivor to have the whole and give all his land to  his wife and her heir and the surplus of his personal estate after debt pay to  his wife her executor and make his wife executrix then another daughter be  bear and the husband die without any alteration of his will or any settlement  make decree that a settlement be make with a power of revocation to the father  and that legacy be likewise pay the child the young daughter be a posthumous  child within the intent of the will Mr jaggard on his marriage with Mr sutton  daughter in consideration of that marriage and pound portion covenant to  settle certain house particular name in the deed and all other his freehold  estate to the use of himself for life for her jointure then to the first and  other son of that marriage in tail male and for want of such issue to the  daughter in tail male wish remainder to himself in fee precedent in chancery  and in the deed be a proviso that Mr Sutton the wife father shall have power  by deed c to revoke all the use he be a merchant and at that time beyond sea  where he live a long time the marriage take effect and he have issue a  daughter and his wife be again enseint with a child he be take sick and make  his will and thereby devise pound to his daughter and if his wife shall have a  posthumous daughter she to have of the pound and if either die before or  marriage the survivor to have the whole and give all his freehold estate to  his wife and her heir and the surplus of his personal estate after debt pay to  her her executor and administrator and precedent in chancery er p if the  personal estate be not sufficient to pay his debt the real estate to be charge  with they and make his wife executrix and have another daughter bear and then  die without any alteration of his will and without make any settlement  pursuant to the article the widow insist that no settlement ought to be make  for that if it have be make her father may revoke it and so her husband will  then have it free and have power to devise it and therefore she be well  entitle to it by the will and that these legacy shall be intend to be devise  in satisfaction of the settlement and that it must be so intend for that the  that have no other real estate but that which be covenant to be settle and  that they must either accept they so or not have they she likewise insist that  the young daughter be bear in the lifetime of her father be not a posthumous  child and therefore not entitle to the pound and the child bill be to have the  settlement make and to have their legacy they insist that as the will do not  mention those legacy to lieu of the settlement there be no necessity to think  he so intend for he be to have the reversion in fee of the settle land and  that be precedent in chancery sufficient to satisfy the word of the will and  be valuable too for if the infant die before she will have it or if they shall  live to that age yet during the mother life they can not suffer a recovery to  bar it beside they have no provision during the life of the mother and  therefore it be reasonable to be intend he mean these legacy for that purpose  for their better advancement in marriage for by the settlement they be only to  have a remainder in tail and the husband will have nothing if his wife die  before she can suffer a recovery which can not be during her infancy nor  during the life of her mother this cause be hear before my Lord chancellor  summer and as to the first point he declare the young daughter though bear in  the lifetime of her father to be a posthumous child within the meaning of the  will and well entitle to the pound but as to the other point of the settlement  he respite his judgement and direct a letter to be write to Mr Sutton to know  whether he will revoke the settlement the cause come on this day before the  Lord keeper wright upon the point of the settlement he say he will not decree  the legacy to be in satisfaction of the settlement and therefore decree a  account of the personal estate and the infant legacy to be put out by the  master subject to the contingency in the will and that the settlement shall be  make pursuant to the article and there be to be a provision in it for Mr  Sutton to revoke c