case clavell versus Littleton all post pale yellow Chan pale yellow Eq Rep S c  Eq Abr c c S c vern a settlement make by a person go beyond sea though  voluntary not to be control by a letter write by he afterward to the trustee  sir Edward Littleton have a wife and one only daughter and be to go to the  east Indies make a settlement of his estate on four trustee whereby he limit  to they a term of year out of part of his estate upon trust that they shall  out of the rend issue and profit raise and pay to his wife during her life  pound per and if he shall so long continue beyond sea and pound per and to his  daughter for her maintenance till marriage and then direct that the trustee  shall by demise mortgage or sale of his estate or so much thereof as shall be  necessary for that purpose raise the sum of pound for his daughter portion to  be pay her within three month after her marriage and leaves the deed in the  trustee hand about a month after sir Edward be on shipboard in order for his  voyage write a letter to his trustee wherein he express great concern for his  daughter and his desire that she shall marry well take notice that he have  limit pound to her for her portion but that he think his estate will be too  precedent in chancery much load by so great a portion and that he will leave  something for himself in case thing shall prove cross therefore direct that if  she marry a person of some profession or trade and of a good estate that she  shall have pound raise present and the reversion of some part of his estate  after his death which will make up her fortune in the whole about pound but if  she marry otherwise he will not give her a farthing and name one John Vaughan  with who he forbid her marry call he a sorry impertinent fellow and express  himself that if she marry with he or any such she shall have nothing the  plaintiff be a gentleman of or pound per and and somewhat relate to the family  and go to the coach with sir Edward and he then express great kindness for he  and desire he to take care of his daughter some time after sir Edward be go  the plaintiff make his address to the daughter who be then about year of age  and marry her and she die about a year after without issue thereupon the  plaintiff bring his bill in this court against the trustee and other to have  the portion of pound raise and pay to he he have take out letter of  administration to her but sir Edward Littleton be then live and not make party  to the suit the cause go off for that reason and now sir Edward be dead the  cause be bring on against the trustee for the defendant it be insist that  these instruction be in the nature of a letter of attorney to the trustee and  empower they to act as sir Edward himself may have do and that they stand in  his place and therefore though he have make such a provision for his daughter  yet it be mere voluntary and if he have not go beyond sea but have keep the  deed by he in his own power he may have cancel it at pleasure that these  instruction be a kind of defeazance of the deed though there be no express  precedent in chancery power of revocation that the same power he himself will  have have be by this letter transfer to the trustee and therefore the  plaintiff ought to have apply to they for their consent that sir Edward desire  he to take care of his daughter be a kind of guardianship delegate to he and  can not be intend as any encouragement for he to marry her and a guardian  marry his ware be always look upon as a breach of trust beside the plaintiff  have make no settlement on her and sir Edward circumstance be very much alter  he be indebt in considerable sum of money to the east India company and other  which it be fear his estate will not be sufficient to answer that these  instruction ought to be allow to explain his intent and if a man purchase a  estate by a particular but in the conveyance itself leaves out several of the  parcel this court will sit it aside my Lord keeper be very unwilling to suffer  the instruction to be read say precedent in chancery er p sure they can be no  control of the deed especial be make a month after the deed be execute and  cite a case of Clavering and Clavering ante vern to that purpose and say it  will be a mean to break through all settlement if such instruction or  memorandum shall be allow to explain or alter they that the plaintiff be a  gentleman of considerable estate and if the wife have survive she shall have  be entitle to dower our of his estate though no settlement have be make that  as to creditor this deed will be voluntary but they be not hurt by this decree  have no bill to set it aside that at present he can make no other decree but  that the whole pound shall be raise and pay to the plaintiff with interest  from three month after the marriage but it be against the heir at law will not  allow the plaintiff any cost