case THWAYTES versus die Lord chancellor Sabbati die Julii Eq can ab pl S c a  settle land to the use of himself for life remainder to such of his four child  and in such share and proportion as a by any write shall appoint a may not  only limit the land to any of his child but may charge the land with any  rentcharge or sum of money for any of the child I S have four child to wit two  son and two daughter settle his estate on trustee to the use of himself for  life remainder to his wife for life and after their decease to the use and use  of such child and child and in such share and proportion as he shall appoint  by any write to be by he sign in the presence of two witness and in default of  such appointment to his old son in tail he by his will by he sign and attest  by several witness devise a rentcharge out of those land to his young son for  life and to the first and other son of his body successive in tail and further  will that in case his say son die without issue male so as the estate shall  come to his old son then he to pay five hundred pound apiece to his daughter  the son die without issue the bill be bring by the daughter to have their five  hundred pound apiece accord to the will the defendant who be the old son by  way of plea set forth the deed of settlement Vernon chancery case er p and  power prout and insist that the power be not well pursue nor execute by the  will to wit that the testator may have distribute the land among his young  child in what proportion he think fit but have not power to grant or devise a  rentcharge or sum of money as he have take upon he by his will to do but the  court disallow the plea and order the defendant to answer the bill there be  both a plea and demurrer put in and the order be that the word demurrer be  strike out and that the plea do stand for a answer Reg lib b fol on the that  may the cause come on before the lord commissioner no case be state but a case  be order to be make for their lordship consideration Reg lib b fol the will be  thus state in the register book William Thwaites the late father of the  plaintiff and the defendant Thwaites and die be seize in fee of the manor of  Berners bode alias varnish hall and of several land and tenement in the county  of Essex on or about the that Aug by his will in write under his hand and seal  do give and appoint to his son Thomas Thwaites who appear to have be his young  son after death of Frances the wife of the say testator pound per and to be  pay he out of the rend of varnish hall and to the heir of his body and for the  want of such issue to return to the say James Thwaites who be the testator old  son and the heir of his body the say James Thwaites pay unto the plaintiff and  to the defendant Frances who be the two daughter of the testator pound apiece  within two year after the death of the say Thomas afterward that July the  cause come on and accord to the statement in the register book the word of the  power be to the use of such child and child of the say William and Frances and  to and for such estate and estate as the say William by any write under his  hand and seal duly execute before two credible witness at the least shall  direct limit and appoint and for want of appointment to the use of Thomas  second son of the say William Thwaites and the defendant Frances die old  daughter of the say William Thwaites and her heir for ever with a power to the  say William and Frances during their joint life by any deed under their hand  and seal to revoke the use in the say settlement the appointment be by devise  as before state and the decree as to this point be as follow whereupon c their  lordship declare they be of opinion that the say William Thwaites have well  execute the power in and by the say settlement to he reserve and that he be  owner of the land and have power by the say settlement to limit any estate or  use of the land may limit and appoint a rend out of the same and may charge  the same rend with the payment of any sum of money for his child portion a a  rend be a tenement and therefore can pass by will without three witness if out  of freehold per buller law Habergham v Vincent Ves jun a and that the say will  be a good appointment in write within the power though not a good will there  be but two witness to it yet the same be a write under hand and seal and their  lordship also declare in case the say will or write have be only under the  hand of the say William Thwaites and not seal yet it be a good appointment in  write pursuant to the power and especial in this court shall be so take and  allow and it have be so adjudge here in the like case and the decree be accord  for the payment of the pound with interest from two year after the death of  Thomas Thwaites the young son who have die without issue Reg lib b fol brown v  tailor cro car be in contradiction to this decision but Robert v Dixwell  Sugden on power App No and Kenworthy v bear Ves support it and see Sugden on  power d Edward so though a will to a heir be void yet if execute accord to the  statute of fraud it be a good revocation of a former will such dict per  Hardwicke Lord chancellor Ellis v smith Ves jun et vide Hervey v Hervey atk  Langston v Blackmore Amb and as to power to give to child extend to grandchild  Alexander v Alexander ves and to confer for life remainder to his son in tail  Robinson v Hardcastle bro Ch Rep Kenworthy v bear Ves Powell on power et seq  note the decree in the principal case be affirm in dom proc that Dec journal  Ho lord vol Vernon chancery case er p