chancery report Kettleby contra lamb James f money to be lie out in land for a  jointure by marriage article that on a treaty of marriage between Richard  Kettleby the plaintiff young brother and the defendant whether now wife of the  defendant atwood article be enter into and make between Thomas lamb father of  the defendant whether of the first part and the say Richard Kettleby of the  second part and the plaintiff and other trustee of the three part whereby the  say lamb covenant to pay pound to the say trustee as a marriage portion with  the defendant whether his daughter and the say Richard Kettleby covenant to  pay pound more which be pound be agree to be lie out in the purchase of land  to be settle upon the say Richard for life and after on the say trustee and  their heir during the life of Richard to preserve the contingent remainder and  after to the use of the say whether his wife during his life for her jointure  and after to their first and so to the seven son of their two body and their  heir successive and for want of such issue to the daughter and for want of  such issue to the right heir of the say Richard Kettleby for ever and that by  the say article it chancery report be agree that before such purchase can be  make the say trustee shall place out at interest the say pound and from time  to time to pay over the interest to such person to who the land intend to be  purchase be limit as if the same have be purchase and settle accord and there  be a proviso in the article that if the say Richard die before a purchase  shall be make leave no issue of his body on the body of the say whether his  intend wife and whether survive he that in that case the pound of so much  thereof as be not lie out in land shall either be lie out in the purchase of  land to be settle upon the say whether for life with remainder to the right  heir of Richard or else three part thereof the whole to be divide into four  part of such money as shall be pay to the say whether her executor c at her  election so as she make such election within six month after the say Richard  death otherwise at the election of Richard right heir that afterward the  marriage take effect and pound of the pound place with the say lamb by the  trustee who pay the interest thereof to the say Richard Kettleby during his  life and before the money be lie out in a purchase Richard die intestate leave  issue one daughter name whether who chancery report likewise die in a month  after the say Richard whereupon the right of the pound or land to be purchase  therewith after the death of whether the wife accrue to the plaintiff Edward  Kettleby as right heir of the say Richard Kettleby so to have the pound invest  in land and settle accord to the say article for the benefit of the plaintiff  be that e plaintiff suit the defendant atwood who have marry the say whether  the relict of the say Richard Kettleby insist that the say whether his wife be  administratrix to Richard her first husband and the say whether her daughter  and thereby well entitle to the personal estate and that accord to the proviso  in the say article the say whether have make her election to have pound of the  pound to be at her own dispose and that she be well entitle to the other pound  as administratrix to Richard and whether her say daughter and that the  marriage article be mere for the benefit of the say defendant whether atwood  and her issue and the plaintiff no way entitle under the consideration thereof  there be no ground in equity to compel a performance so as to give the  plaintiff the defendant portion this case be hear by the Lord keeper north he  declare that the pound chancery report do belong to the administratrix of the  say Richard Kettleby and ought not to be settle upon his heir and dismiss the  plaintiff bill which dismission be sign and enrol the plaintiff bring his bill  of review against the say defendant and for error assign that whereas it be  declare by the say Lord north that chancery report er p the pound do belong to  the administratrix of Richard Kettleby and not to be settle upon his heir that  the same ought to be decree to be lie out in land to be settle upon the say  whether only for life remainder to the plaintiff as right heir of Richard and  his right heir for ever accord to the use of the article to which the  defendant plead and demurrer insist the same be obtain on good ground and  reason and far insist that since the say dismission and before the bill of  review the say lamb have pay the say pound with other money unto the defendant  atwood in right of the say whether his wife who be administratrix to Richard  Kettleby and whether the daughter and that in consideration thereof the say  defendant atwood have make a settlement equivalent thereto for a jointure for  his say wife and the issue male of their two body with a provision for  daughter and that they have a son then live and pray chancery report the  judgement of this court therein which plea and demurrer be argue before the  Lord chancellor jefferies which his lordship overrule and order the defendant  to answer and he will hear the Cause ab origin at which hear the defendant  atwood and his wife insist that the plaintiff demand be only a remote  remainder in fee as right heir of the husband be not so valuable in interest  as for a court of equity to decree a purchase to be make for the sale thereof  and to take the money from the wife and administratrix to make that purchase  when she ought to return the same as asset or however pound of the money be  her own portion and belong to her by her election within six month and though  accord to the strict letter of the article her husband Richard Kettleby can  not be say to die leave no issue because he have a daughter live at the time  of his death yet the daughter die within the six month allot for the wife be  election in case he have die leave no issue there be great equity to extend  the construction of that clause of the article so far as to give her back her  own pound portion the plaintiff insist that such remainder in fee have be  consider by this court and purchase decree to be chancery report make and  limit to such right heir and that the pound in this case can be asset and in  like case have be so adjudge at commonlaw and in this case the article have  express provide that the money shall go as the land ought to have go as if a  purchase have be make therewith and as for the pretence of the say defendant  whether elect pound her power of elect do never arise nor can her power be  enlarge by this court beyond the express word of the article nor be there  reason for it in this in regard the article provide that she shall have a  dower beside and the say whether by virtue of her two administration have a  great personal estate beside the pound in question this court declare that the  pound must go as the land ought to have go in case a purchase have be make and  yet the wife have no power to elect pound part thereof because her husband die  leave issue and so her power of election never arise nor do any circumstance  appear to his lordship in this Cause to induce he to in large the construction  of the article touch such power of elect beyond the express word thereof and  decree the say dismission to be reverse and that the defendant atwood and  whether his wife do lie out the pound chancery report for purchase land in  possession in feesimple to be settle accord to the intent of the article and  as for the defendant the trustee in regard they rely upon the say dismission  sign and enrol for their indemnity in pay the say pound to the say atwood or  his wife they be indemnified thereby