ambler case watson and his wife and other against earl lincoln and other that  and that August advancement of portion on marriage of a daughter and say to be  in full of her portion or fortune what provision it extend to a provision by  will by a father to a child be adeemed by a subsequent portion give by the  father in his lifetime the court lean against double portion see Bellasis v  Uthwatt atk clark v jewel atk warren v warren bro c c this case be frequent  cite under the title of Pelham v Lord Lincoln lib Reg b foe in the marriage  settlement of Henry Pelham decease in a term be create to raise pound for  portion for daughter of the marriage in case of failure of issuemale provide  if he shall in his lifetime give any of the portion thereby appoint to be  raise for or towards the preferment of any of his daughter in marriage or  otherwise or if there shall on his death come or descend on they any land or  tenement from he then such sum and the value of such land shall be deem as  part of the portion unless Pelham shall declare the contrary by a settlement  make by the duke of Newcastle in inter alian a term be create on the  Nottinghamshire estate to raise pound to such young child as Pelham shall  appoint on that September Pelham have issue four daughter only videlicet the  countess of Lincoln Frances grace and mary make his will and appoint the pound  under the first term to be raise for the benefit of all his daughter except  the countess of Lincoln at eighteen or marriage he then direct the  Nottinghamshire estate to be sell after the death of the duke of Newcastle and  the money to be divide among all his daughter except the countess of Lincoln  who he have provide for with a portion he give his estate at Esher to his  daughter Frances and her issue in strict settlement with remainder over to his  other daughter in like manner he give his personal estate to his daughter  except the countess of Lincoln and give the residue of his real estate to all  his daughter in tail as tenant in common and in case any of they shall become  entitle to the duke of newcastle estate her interest in the above devise be to  cease and go over ambler by a codicil that September he charge his estate at  Esher with pound to each of his young daughter as shall not be entitle to the  possession and enjoyment of the house and park at Esher and add a proviso that  if any of his unmarried daughter shall marry without his wife consent her  interest in the estate under the will and codicil shall go over to the other  daughter on that August on the marriage of his daughter grace with plaintiff  Watson he give her a portion of pound by appoint pound of the pound to be  raise by the term of year in the deed of and by mortgage his reversionary  interest ambler er p in the Nottinghamshire estate which sum of pound be  recite to be in full of her portion or fortune afterward Pelham die bill by  Watson and his wife to have several family question settle and by two simple  contract creditor to be pay their debt Lord Hardwicke chancellor after  argument at bar all the point arise upon the will and codicil of Henry Pelham  connect with the settlement a question arise upon the advancement give by  Pelham to his daughter upon her marriage with Mr Watson which be pound whether  it be to be deem a satisfaction for any and which of the provision make for  her by his will and codicil there be many case of a father make a provision  for a child by way of portion by his will and afterward give such child a  portion in his lifetime and it have be hold a ademption of the legacy V spirit  of law Vol c in relation to the Athenian law the reason be saint this court  incline against double portion another good one the court consider it as a  performance of what be intend to be do and pay the debt of nature which he owe  his child ambler those case between father and child depend on other ground  than case of satisfaction between other person hartop v Whitmore wms go on  those reason mrs Watson have advance her in Mr pelham lifetime pound which by  her marriage settlement be recite to be in full of her portion or fortune it  must therefore be a satisfaction of what she can claim under the will or  settlement of her father by way of portion in the first place it be so of what  she can claim under her father marriage settlement in the next place it be so  of what she can claim out of the pound secure by the deed of so of the pound  charge on the Esher estate I be also of opinion that the onethird of the money  to arise by sale of the Nottinghamshire estate be give her by way of portion  the testator be entitle to the reversion of that estate after the death of the  duke of Newcastle and devise it to trustee to be sell for the benefit of his  daughter except the countess of Lincoln who he declare he have provide for  with a portion and if any of they die it be to go over to the other daughter  so that it appear to be intend by way of portion what remain be as to onethird  of the personal estate and onefourth of the residue of his real estate I be  doubtful whether it be a satisfaction of the onethird of the personal estate  for as it be by way of residue he can not mean it as a portion see Farnham v  Philip atk smith v strong bro Freemantle v bank Ves it be always change may be  something may be nothing but as there be not like to be any part of the  personal estate leave after payment of debt I be deliver from this question as  to the residue of the real he mean to consider his four daughter as his heir  at law and have dispose of it to they as such d question as to the claim of  mrs Frances and mary Pelham the two unmarried daughter there be no doubt but  the devise in the will be a satisfaction of any right they can set up under  the marriage settlement of Mr Pelham it be within the proviso air Pelham give  these daughter no sum of money in ambler his lifetime by way of advancement  but he have give they sum of money and interest in land by his will and  codicil as to mrs Frances Pelham it be a satisfaction and be within the  proviso as the gross value of the land to be sell be certain that value must  be set as it be at the death of Pelham subject to the duke be life its be a  estate tail will not vary the case though in Saville v Saville Geo atk such a  estate of inheritance be hold not to be a satisfaction on a proviso of this  nature but the circumstance of that case be very different the reason which  determine that case do not affect the present they be three saint the proviso  only extend to land descend d the estate tail come to lady Burlington and lady  thanet not from their father Lord William ex he provision but under a  settlement make by their grandfather and so they take per form gift d the land  there do not go as the portion will here the proviso have the word come or  descend the estate move from Mr Pelham and by the cross remainder insert in  the will they may go in the same manner as the portion will mrs Frances Pelham  have accept the devise and have suffer a recovery by which she have bar the  conditional limitation unless it be such as run with the land ambler er p  Purefoy v Roger before Lord c I hate the condition annex to the duke of  newcastle estate come to her be bar and so be the proviso of marriage which be  a condition subsequent lev king v mall destroy a subsequent condition page v  Hayward salk as to mrs mary Pelham she be not of age and have do nothing to  accept or reject the devise the condition in her father will with respect to  her be not bar the consideration as to her share must be defer till she come  at age d question as to mrs watson onethird part of the money to arise by sale  of the Nottinghamshire estate whether to be consider as land or money and  whether it pass by the residuary clause or descend I be of opinion it be to be  consider as land and descend see Gravenor v hallum post in Goodright and Ogle  the court of king bench be divide on this question but in ambler wright v horn  which be afterward in the common plea the court be of opinion that the land  descend that be a strong case because the person to who the lapse devise be  give be dead at the time of make the will that question the duke of Newcastle  be tenant for life of certain leasehold estate with remainder to his son with  remainder to Mr Pelham and his issue and have pay for a renewal of they pound  the duke have no son and insist on have a charge for that money on the estate  keep down the interest during his life I be not clear how the expense of these  renewal ought to be bear if they be a charge on the premise in two generation  the leaseholds will be eat up the case of Lord and lady Londonderry be between  mother and son reserve the consideration of this point with liberty to apply  note it appear from the decree that the consideration of this point be reserve  till the next term the editor have search the register book through the four  follow term but can find no entry of any determination on the subject see  ellison v Cookson Ves Jun S c bro c c Cox grave v Salisbury bro c c Barclay v  Wainewright Ves ex part pie Ves Wetherby v Dixon Ves trim v bayne Ves hartop v  hartop Ves thellusson v Woodford mad hartop v Whitmore p wms and see Mr sander  note to Bellasis v Uthwatt atk and a question have arise whether the plaintiff  Lewis Watson and grace his wife be to be consider as have receive a  satisfaction for any such of the provision which grace may have claim I under  the say trust land create by her father marriage settlement by the portion pay  or secure to be pay in the name of say grace declare that they have receive a  satisfaction for all such provision except the remainder limit to her by the  will and codicil in the Esher estate and her four part of so much of the real  estate of the say testator as pass by the devise in his will of all other his  manor c not before herein dispose of and also except her three part of the  residue of the say testator personal estate as to which onethird part of such  residue his lordship do not think fit at present to give any opinion till the  master shall have take a account of the say testator personal estate and  another question have be make whether the provision make by the testator will  andcodicil for the defendant Frances Pelham and mary Pelham be to be deem a  satisfaction for the whole or any part of what they can claim under the say  term of year in say testator marriage settlement his lordship do declare that  the devise to defendant Frances of the house c at Esher for her life subject  to the charge thereon and the bequest to her of one three part of the money  arise from the sale of the remainder in fee in the Nottinghamshire estate and  the devise to her of her share of the residue of the real estate and which  defendant Frances have accept by suffer a recovery of the say last mention  land be to be deem a satisfaction of every thing which she can claim under the  say term of year in her say father marriage settlement and as to the defendant  mary she be a infant it be refer to the master to certify whether it will be  for her benefit to claim her share under the say term of year or to accept the  provision of the will his lordship do declare that the three part of the  remainder in fee of the Nottinghamshire estate devise to mrs Watson and for  which she receive a satis ambler er p faction in manner hereinafter mention be  descend to the say testator four daughter as his heir at law