annand contra Honywood car f the custom of London for orphanage part S c  chancery report Eq Abr e the bill be to have a discovery of the estate of  Bennony Honywood the plaintiff Sarah father whereby the plaintiff annand in  right of his wife may have a equal dividend thereof accord to the custom of  London the say Bennony Honywood be a freeman of the say city who have only two  child the plaintiff Sarah by his first wife and the defendant John by his  second wife he chancery report marry the plaintiff Sarah to one brown in and  give her but a small matter at that time say that when he die she shall come  in for a customary part of his estate and nine year after the say marriage  make his will in and thereby devise all his personal estate to be divide into  three equal part accord to the custom of London videlicet one to his wife and  another between the plaintiff Sarah and the defendant her half brother and  thereby declare that what the plaintiff Sarah have in marriage with the say  brown shall be account as part of her share of that three part and out of the  other three part which he have power in himself to dispose of and thereby  declare to be only reserve to himself he appoint his executor which be his  wife and the now defendant to pay to the plaintiff Sarah for her support for  her life and to be in no part of her husband brown estate and pound per annum  and pound in money that the plaintiff Sarah husband die in and she with the  testator consent marry the plaintiff annand in and in the testator die and the  testator wife die before so the plaintiff become entitle to a full child part  and share of the personal estate be pound the defendant insist that the  chancery report testator do on the plaintiff Sarah first marriage give her a  considerable marriage portion in present and promise to leave her pound more  at his death which be to be her full advancement and do not intend she shall  come in for her customary share and insist that in the testator make his last  will and thereby give the plaintiff Sarah a legacy and legacy to her child  recite that he have already advance her at her first marriage and that he have  then promise to leave her pound more at his death and that the legacy be give  to the plaintiff Sarah in full of all such share and claim as she may after  his death have right to or claim in any of his estate by virtue of the custom  of chancery report er p London or otherwise and insist that the plaintiff by  the say advancement on her first marriage her father the testator have not  declare his will or other write under his hand that she be not full advance  but declare the contrary by the last will she be thereby bar and exclude by  the custom of London from any other claim out of his estate than what be  bequeathe by the last will be pound which the defendant will pay she give a  general release which say last will provide she shall do the plaintiff counsel  insist that the chancery report say declaration in the will of be the testator  first declaration of his intent upon the marriage of the say Sarah and that it  be be still under his hand in write as sufficient and valid as if it have be  any other write and that it be produce not as a will but as a evidence and be  still a write under the testator hand declare that his first wife be daughter  the plaintiff Sarah be by he but partly advance and that she be by the custom  of London to have a equal child part of his personal estate with his second  wife be son and then that he can never by a subsequent will oblige her to  pound legacy in full of all that be due to her by the custom of London without  her consent and the word of the last will by forbid the plaintiff Sarah to sue  for the customary part of his estate or upon the account of not be full  advance do strong imply the intent at the marriage be that what his say  daughter have in marriage be but part of her advancement the defendant insist  that by the custom of London a declaration to let in a child for a customary  part ought to be by the testator last will or by some other write under land  remain in force and unrevoked and that it ought to be a express declaration  which the chancery report will in be not and the testator declare by his last  will that the plaintiff Sarah be already advance upon her first marriage and  that the testator promise to leave her pound more at his death imply that it  be agree that she shall have no more and the will in be revoke and cancel and  the testator hand remain only to the middlemost sheet thereof the court  declare they will be certify by the recorder of London whether a declaration  by a will revoke be such a declaration in write to let a child have a  customary part of her father be estate the Lord mayor and alderman by the  recorder certify this court that by the custom of the say city a declaration  make by a citizen and freeman of the say city by write with his name or mark  subscribe thereto though such write be make for his last will and testament  and the same afterward by he revoke be such a declaration as will let in a  child of such a freeman to have his or her customary part of his or her father  be personal estate the defendant insist that the Lord mayor c be surprise in  make the certificate they conceive themselves straighten in the word and  direction of chancery report the order for that although the will of have  never be revoke yet the same have never be a sufficient declaration accord to  the custom to let in the plaintiff to have a customary part and they by the  order be restrain to certify whether a revoke will be a good declaration they  do apprehend they be to take it that the testator have by his will of make a  sufficient declaration accord to the custom to let in the plaintiff which he  have not do for the custom of London in this case be that the sum certain that  any child have in part of such advancement ought to be express in such write  or declaration or else the same be not of any avail and produce precedent for  that purpose that the same ought to be mention to the end that in case such  child shall be admit to such customary part it may be know what the sum be to  the end it may be bring into account with the rest of the estate of the  testator whereto the plaintiff insist that the custom of a sum certain to be  mention appear only by a bylaw call Judds law in Edward the which be no  establish law in the city to bind the right of any and there be a great  difference in the bylaws of the city which chancery report ought to respect  their government and not bind the right of any person which be govern by the  general custom of the city and which be paramount to any of their bylaws and  by the custom the right of a freeman child be as much preserve to he as any  man right by the commonlaw of the kingdom beside the name of the sum be no  more than in order to the settle the account of the say estate which may be do  before a master in this court this court upon read several precedent on both  side declued that the chancery report er p say certificate be conclusive and  that the plaintiff must be let in for a customary part of her father be  personal estate and decree the same accord the defendant be order to account  for all the personal estate of Bennony Honywood and the plaintiff thereout to  have her customary part her marriage portion be bring into account with the  rest of the personal estate and the plaintiff to discover the say portion on  oath and the defendant to do the like as to what provision he have the  defendant insist what provision he have be money deposit by his say father in  the hand of W colvile and other to purchase land or house in or near London in  pursuance of article chancery report between the defendant say father and the  defendant wife be father which be make before the marriage of the defendant  which land and house so to be purchase be by the say article covenant to be  settle on the defendant and his wife for life and for her jointure remainder  in tail and be in consideration of the defendant wife be portion and house be  purchase therewith in Bennonys life and the defendant be his son and heir and  the defendant insist that what be so deposit as aforesaid be to be take as if  the defendant father himself have purchase land and settle the same to the use  aforesaid and ought not to be account a personal estate of the defendant  father but as land this court declare what be deposit by the defendant father  to purchase land in pursuance of the say article be to be take as land and not  as personal estate of the defendant say father and also declare what be  deposit as aforesaid shall not be bring into Hothpot but the defendant be to  discover what he have from his father upon his say marriage