brown case sir STREYNSHAM master appellant george Willoughby et ux respondent  that February Mews dig three xv a have five daughter devise land to trustee to  convey to the old in case she shall pay pound among her four sister within six  month and if not he give the like preemption to each of his other daughter the  money not be pay within the time equity will not enlarge it viner vol p can Eq  can ab can sir Thomas Badd have issue five daughter namely Elizabeth black any  Barton Frances Dennis the respondent Joanna Willoughby and Margaret tailor  brown er p by deed date the that of may convey his manor of Camms in Hampshire  with the appurtenance to trustee and their heir to the use of himself for life  remainder to dame Joan his wife for life remainder to the trustee and their  heir upon trust to sell the same and divide the money arise thereby equal  among his say five daughter provide that if his daughter Elizabeth shall  within three month next after the death of sir Thomas and dame Joan pay pound  to the trustee to be equal divide between his four other daughter then the say  trustee shall stand seize to the use of her and her heir the like time be give  for preemption to the other four daughter successive one after the other to  pay the pound and she that can pay the money be to enjoy the estate but if any  of the daughter shall die without issue before the pound be divide her share  be to go among the survivor proviso that sir Thomas may by any write under his  hand and seal revoke any of the say use or trust and declare other on the that  of December follow sir Thomas make his will and thereof appoint dame Joan his  wife executrix and after recite the above settlement and his power of  revocation he declare that if his daughter Frances or any other for her shall  within six month after the death of himself and his wife pay pound to her four  sister the trustee be to stand seize of the premise for the say Frances and  her heir and convey the same to her accord but in case of her fail to pay the  pound then the trustee be to stand seize accord to the settlement for such of  the four other daughter as shall pay the pound within the space of three month  to they thereby respective limit in may sir Thomas Badd die be at his death  indebt to his daughter Frances in pound and upward which he have receive out  of the profit of her husband Edward dennis estate to who sir Thomas have be  guardian soon after the death of sir Thomas his daughter Frances exhibit her  bill in chancery against lady Badd as his executrix for a account and  satisfaction of her husband dennis estate but the defendant have by her answer  swear that sir Thomas by his will give the preemption of his estate to the  plaintiff brown upon payment of pound which be more than a double share of  what the other sister be to have in lieu and satisfaction of what he owe her  the court at the hear of the cause take notice of this recompense do upon that  ground only dismiss the plaintiff bill on the that of may lady Badd die and  soon afterward mrs Dennis borrow pound of one mrs mill and for secure the  repayment of it she levy a fine and make a mortgage of her interest in the  settle estate but have occasion for more money she apply to the appellant who  pay off mrs mill mortgage advance mrs Dennis pound more and take a fresh  mortgage for the whole pound on the that of November and just within the six  month mrs Dennis file her bill in the court of chancery against her four  sister and the survive trustee under the settlement pray to have the benefit  of the preemption of the estate and that upon payment of the pound the trustee  may be decree to convey to her accord but in a short time afterward and before  the cause can be hear the plaintiff die have make her will and thereof  constitute one Joshua woodman her executor in trust to sell the estate and pay  the pound to her sister and with the overplus to satisfy all her just debt  which amount to about pound more and both these sum be near equal to the value  of the estate the cause be revive in the name of woodman come on to be hear  before the lord commissioner on the saint of march when it be decree that  woodman shall be let into the benefit of the estate on payment of pound apiece  to the four survive daughter of sir Thomas Badd by the end of Michaelmas term  then next ensue and upon such payment the trustee be to convey the estate to  woodman or as he shall direct but in default thereof the estate be decree to  be sell to the best purchaser vern Eq can ab c but upon a appeal to the house  of lord by any Barton Margaret tailor and the present respondent Joan  Willoughby three of the four survive sister this decree be reverse jour vol p  in easter term the appellant bring his bill in chancery against Thomas  Sackville the survive trustee and also against woodman and the four survive  sister pray that the estate may be sell and his mortgage satisfy out of the  brown er p five part of the money or land which belong to the say Frances  Dennis and in Hilary term this cause come on to be hear before the Lord  chancellor summer who direct that a petition shall be present to the house of  lord in the name of the defendant woodman to explain their say judgement of  reversal this petition be accord present and on the that of April after hear  counsel it be dismiss jour vol p on the saint of January the cause come on  again to be hear before the Lord keeper wright when the appellant brown  counsel not appear the bill be dismiss the appellant thereupon prefer a  petition to have the cause reheard which be grant but the defendant have in  the mean time procure the order of dismission to be enrol the appellant be  thereby defeat of the benefit of his petition he therefore in June bring his  bill of review to which the defendant demurrer general and on argue that  demurrer in Trinity term before the Lord keeper wright his lordship be please  to allow the same and dismiss the bill from both these order of dismission the  present appeal be bring and on behalf of the appellant it be insist S Dodd  that he be a real and good fide creditor of mrs Dennis for pound and have a  mortgage of all her right and title to her father estate and that this right  be either the preemption or a four part of the money or a five part of the  land which she neither do or can forfeit that the matter of the preemption be  the single point decree to woodman and determine against he by the reversal of  that decree but that the appellant claim only a security upon the four part of  the money or a five part of the land which woodman never claim that the  appellant be no party to woodman cause and can not therefore be affect by any  of the proceed in it but as the present cause have not be yet hear upon the  merit it be hope that the say several order of dismission will be reverse and  the enrolment discharge and that the cause may be send back to the court of  chancery to be hear it be unreasonable that the appellant shall be dismiss  unheard on the other side it be say t Bedford that since the dismission of  woodman petition by the house the estate in question have be sell and convey  to several person who have purchase it under the say order of reversal and  dismission wherefore and in regard the appellant case be the very same with  woodman and contain no new matter nor suggest any thing which be not disclose  and under consideration upon the former appeal it be hope that the present  appeal will be dismiss with cost and accord after hear counsel on this appeal  it be order and adjudge that the same shall be dismiss and the order and  decree therein complain of affirm jour vol p