case grave v boil July the that sir g have upon his daughter marriage give a  bind to leave pound at his death among her young child by will create a term  for year in trust to apply the rend and profit for maintenance of his daughter  child till and also give his personal estate in trust to pay the produce of it  to his wife for life and after her death to pay pound pound to a for one of  the daughter of his daughter and pound among the other young child of his  daughter as she shall appoint and if no appointment equal between they at or  marriage and declare the legacy shall be in full satisfaction of the bind she  must elect to claim under the will or under the bind if she claim under the  latter can take no benefit under the former where a particular thing be by a  will give in discharge of a demand and the party insist on it he must not only  waive that particular thing but all benefit claim under the whole will see  Bellasis v Uthwatt ante note sir Samuel Garth have upon his daughter marriage  enter into a bind to leave at his death pound among her young child by will  create a term in trustee for year in trust to apply the rend and profit for a  maintenance for the child of his daughter till they come of age by the same  will he give his personal estate in trust to pay the produce of it to his wife  during her life and after her death to pay pound pound to a one of the  daughter of his daughter and to pay pound to and among the other young child  of his daughter in such manner as his daughter shall appoint and if she make  no appointment then equal between they at their age of or marriage and declare  his will to be that the legacy so give to his daughter child shall be in full  satisfaction of the bind the plaintiff bring her bill to have her share out of  the trust of the term and likewise her share of the pound under the bind Lord  chancellor at the hear of the cause have declare that the plaintiff may choose  to claim either under the will or under the bind but if she claim under the  bind she must take no benefit at all under the will but next day conceive a  doubt on account of the devise be of a real estate and the bind be a person l  debt give order to be attend with atkins precedent and this day deliver his  opinion in support of his former decree and mention the case of Jenkins v  Jenkins November before Lord Talbot as a case in point where a particular  thing be give in discharge of a demand the party insist on his demand it be  decree he shall waive not only that particular thing but all benefit which he  claim under the whole will the case of shepherd v Philips at the roll Dec be  determine on a similar point but at the same time the chancellor take notice  that in the present ease the devise be express to be in satisfaction of the  bind and when he give order to be attend with precedent declare he will not  extend the construction of devise in satis faction further than they have  already go he decree the child bear after the death of the testator shall have  their share under the bind Videathe case of Lingen v Souray Prec in Chan see  Heathe v Heathe post vol