case dean ux versus Lord delaware Lord chancellor Eq can ab pl S p a only  child of a freeman of London not full advance be to have a full three of your  personal estate without regard to what have be pay for her portion the Lord  Delaware have marry the sole daughter and heiress of Mr freeman a merchant and  freeman of London he in his lifetime have enter in his book several Vernon  chancery case er p sum of money as pay to the Lord Delaware in part of his  wife portion and in part of a great sum due for her portion yet unpay and  afterward in his own book retract what have be before do and make the Lord  Delaware debtor for all the money so pay and have so do make his will and  thereby mention to devise one three part of his estate to his wife another  three part to his daughter accord to the custom of the city of London and give  great legacy out of and to the amount of the other three of his personal  estate and die after his death the plaintiff dean have marry Mr freeman widow  they bring their bill for a account and a discovery of the estate the Lord  Delaware be make executor of the will and have possess the estate and to have  a three pay they accord to the custom of the city of London Vernon chancery  case defendant by answer do not mention anything as to what portion he have or  expect nor be it insist on at the hear but the court decree the estate to be  divide into three one three part thereof to be pay to the plaintiff upon the  account before the master the plaintiff insist the Lord Delaware ought to be  make debtor for the sum mention to have be pay he in the testator book on the  other hand the defendant insist that what he have receive in part of his wife  portion he ought to retain and to have it make up pound which he pretend be  the sum agree upon and to have a three by the custom or by the will over and  beside and this matter come now before the court on the master special report  the Lord chancellor be of opinion first that there be no sufficient proof that  the portion be to be pound but what have be once enter down by the testator as  pay upon the account of the portion he can not afterward retract nor make the  Lord Delaware debtor for it and therefore what have be so pay ought not to be  bring into the personal estate and it be further insist that the defendant as  be the only child be entitle to the three part by the custom of the city of  London without regard have to what have be so pay and for that purpose cite  the case of wood and Fettiplace James where a orphan who be advance with a sum  of pound she be the only child be not to bring it into hotchpot and in all  case where a child be to bring into hotchpot it be only into the child part  and not into the Vernon chancery case general estate and the entry in the book  show that but part of the portion be pay and that amount unto a declaration  that the child be not full advance and also be a write under the testator hand  which state the quantum of the advancement and if they be not entitle by the  custom yet they be by the will entitle to a three part of the estate to which  it be answer that by the custom if a child be advance in marriage that bar any  claim by the custom unless it do appear by write under the father hand what  that advancement be that the father declare that the child be full advance or  not advance be of no avail unless it appear what the advancement be in  certainty to the intent it may be know whether such advancement do amount unto  as much as will have belong to the child by the custom and therefore in the  case of turner and longland ante S c decree late by the Lord chancellor where  the father by his will on purpose and to the intent to exclude his daughter  declare she be full advance but happen to over do it and mention that he have  full advance her with the sum of pound that not be as much as her customary  part amount to and the certainty thus appear let her into her share by the  custom so where testator a freeman by his will in write declare that he have  give pound to one and pound to another and so to other of his child in full of  their orphanagepart yet this very declaration let they in bring those sum into  hotchpot to their full customary share of the whole and the court seem incline  to let the party into proof whether the sum mention in the will shall be take  to be the whole of what testator have give they or whether more have be give  or pay Northey v Burbage pre Ch but in this case the certainty of the  advancement do not appear in the book several sum be enter as pay in part of  the portion but it be not declare under the testator hand that that be or be  not the sum wherewith he have advance his daughter S a that the certainty of  the advancement do not sufficient appear second if it be to be take that the  sum enter into the book to be pay in part of the portion be the whole Vernon  chancery case advancement yet if that do amount to as much as her  orphanageshare that will exclude her from claim any thing by the custom for a  child be to be let into the share by the custom only where the child have not  right do her and have not receive as much as her share by the custom and in  this case it be insist that even what appear by the book to have be pay in  part of the portion amount to a three of the personal estate and more and  therefore she be exclude although the certainty of the advancement have  sufficient appear Vernon chancery case er p and as to claim a three by the  will it be plain the testator once intend to have give a portion and expect a  settlement and have pay several sum in part of the portion but find no  settlement can be make write off what before he have pay in part of the  portion and make the Lord Delaware debtor for it and have so do make his will  and devise a three to his daughter accord to the custom but then she must take  it as intend by the will and not have a three and what be pay in his lifetime  over and beside but must either account for what the Lord Delaware be make  debtor in the testator book or renounce the will and only have what he have  receive already make up a full three of the estate Lord chancellor what be pay  in part of the portion and so enter by the testator in his book he can not  recall or write off again or make the Lord Delaware debtor for it and the  matter as to the custom whether the defendant be exclude or not be not before  the court a certificate of the custom of London be order whether where a  freeman die leave a wife and one daughter marry in his lifetime and it appear  by the book of such freeman that he have pay several sum of money in part of  such daughter portion unto the husband and afterward several other sum which  ought to be take as pay on account of the portion but not express enter in  such freeman book as pay in part of advancement or in part by the portion all  which entry be of the testator own hand write such daughter ought to be take  as full advance or in part advance only although such sum take altogether  shall not amount to a three of such freeman estate put together with what he  leave at his death and if in part only advance then whether by the custom of  the say city such child and her husband be to have a three of what the  testator leave at his death without regard to what be receive in the father  lifetime or only a three of the whole estate put what have be so receive to  the estate leave at his death Reg lib a fol and the certificate be afterward  make that in the case specify in the above reference the daughter ought not to  be take as full advance but in part advance only and that in such case by the  custom of the city of London the child and her husband ought to have a three  part of what the testator leave at his death without regard have to what be  receive in the father lifetime and without put what have be so receive to the  estate leave at his death Reg lib a fol as to the general doctrine of  advancement in case of child of freeman of the city of London vide Fouke v  lewen ante Vol and civil v rich ibidem p and case cite in not there respective  the decree be only that the plaintiff shall have a three part whereas if the  daughter be bar the widow will claim a moiety and that matter not be proper  upon the report Vernon chancery case at the present only declare that what  have be pay the Lord Delaware in part of the portion be not to be bring into  the estate and leave it to the master with this direction to take the account  and certify whether what the defendant have receive in part of the portion do  amount unto a three of the whole estate