case Charles barlow appellant robert Bateman and other respondent d April Mews  dig three ten a give a legacy of pound to b Payable at the day of her marriage  in case she shall marry any person of the surname of S but if she shall not he  give the legacy to W b marry a person who assume the surname of S but it be  hold that this be not a performance of the condition so as to entitle b and  her husband to the legacy No appeal to the house of lord will lie against a  decree before it be sign by the Lord chancellor wms viner vol p can Eq ab can  the testator George Barlow be possess of a considerable personal estate by his  will date the that of may devise in the word follow I give and bequeathe unto  my kinsman Charles Barlow meaning the appellant son of Edward Barlow decease a  infant now at school at Mr phipp at Westham in the county of Essex the sum of  pound of lawful money of great Britain to be pay to he when he shall attain  his age of twentyone year but in case the say Charles Barlow shall happen to  die before he shall brown attain the say age of twentyone year then I give the  say sum of pound with all benefit interest and improvement thereof unto my  kinswoman mary Barlow meaning the respondent mary a infant under the age of  twentyone year now be with mrs Farrington in blackmoorstreet in Southwark in  the county of Surrey to be pay to her at the day of her marriage in case she  shall marry with any person of the surname of Barlow but if she shall marry a  person of any other surname then from and immediate after such lastmentioned  marriage I give and bequeathe the say pound and the interest produce and  improvement thereof unto my friend Henry best of London packer item I give and  bequeathe unto my say kinswoman mary Barlow the sum of pound to be pay to her  at her age of twentyone year or day of marriage which shall first happen but  in case she shall die before she shall attain the say age of twentyone year or  be marry then I give the say pound to my kinsman Charles Barlow to be pay to  he at his age of twentyone year item in case the say mary Barlow shall marry  with any person of the surname of Barlow then I give her the further sum of  pound of like money to be pay her on the day of such her marriage with a  Barlow aforesaid but if the say mary Barlow shall die unmarried or shall marry  a person not bear the surname of Barlow then I give the say lastmentioned sum  of pound unto the say Charles Barlow to be pay as aforesaid and the testator  by his will direct that his executor shall as soon as convenient may be lie  out the say several sum in bank and SouthSea annuity stock for the benefit of  the appellant and the respondent mary respective soon after the testator death  which happen on the that of July the respondent mary not regard the condition  or term put upon her by the will intermarry with the respondent Robert who be  then a apprentice to a coachharness maker and who father name be Bateman and  who be himself Christian call and know by the name of Robert Bateman the  appellant be under the age of twentyone and be advice that by the say marriage  he become well entitle to the say legacy of pound so conditional devise to the  respondent mary as aforesaid in Michaelmas term exhibit his bill in the court  of chancery against the respondent Robert and mary his wife and against the  executor to be decree inter alian to the say sum of pound and the interest and  produce thereof to this bill the executor put in their answer and thereby  confess they have sufficient asset of the testator to answer the legacy so  devise as aforesaid and that they have in pursuance of the testator will and  in discharge of their trust lie out a sum of pound S in the purchase of pound  bank and pound SouthSea annuity stock and submit to pay the legacy as the  court shall direct and brown er p the respondent Robert and mary his brown  wife have put in a answer the respondent Robert thereby confess that on the  occasion of his marriage and not before he assume and take upon he the name of  Barlow and that his father name be Bateman and that he assume and take upon he  the name of Barlow in order to entitle himself to the say sum of pound devise  to the respondent mary by the testator upon the condition aforesaid the cause  be at issue witness examine and publication pass come on to be hear before the  master of the roll on the that of July when his honour be please to order and  decree that the appellant bill as to the demand of the pound devise to the  respondent mary upon the condition aforesaid shall be dismiss the say mary  have marry a person who bear the name of Barlow and this decree be soon after  sign and enrol but doubt still subsist as to the right to this legacy the  respondent Robert by the name of Robert Barlow and mary his wife in January  exhibit their bill in the court of chancery against the executor and residuary  legatee and against the appellant pray to be pay both the legacy of pound each  devise to the respondent mary by the testator will as aforesaid to this bill  the appellant by his answer insist that the respondent mary have by her  marriage forfeit the benefit of the legacy of pound conditional devise to her  and that he the appellant on account of the say marriage become entitle  thereto the other defendant have put in their answer and issue be join witness  examine and publication pass the cause come on to be hear before the master of  the roll on the d of July when his honour think proper not to vary his former  decree with respect to the say conditional legacy of pound devise to the say  mary as aforesaid she have intermarry with a person who bear the name of  Barlow and therefore give the usual direction for the payment of both the  legacy but this decree be not sign or enrol the appellant however appeal from  both the decree insist I strange I French that it be the manifest intention of  the testator that a person of his own name shall by marriage with the  respondent mary have the benefit of the legacy of pound conditional devise to  her or in default thereof that the appellant shall have it for by the express  word of the will this legacy be give to the respondent mary upon a condition  precedent namely that she shall marry a person of the surname of Barlow and  that on the day of such her marriage with a Barlow the legacy so devise be to  be pay to her but as she have not perform this express condition it be submit  that she can not be entitle to the legacy that the respondent Robert can not  previous to his marriage legal assume the surname of Barlow otherwise than by  act of parliament so as to entitle himself to brown this legacy but if his  assume that name in the manner he have do shall be sufficient to entitle he he  may in the same manner after receive the legacy reassume his own legal name  and thereby whole frustrate and defeat the testator intention it be therefore  hope that for these reason both the decree so far as they relate to this  legacy will be reverse on the other side it be say I will t Pembroke that as  the last decree be not sign and enrol no appeal lie from it and as to that  part of the first decree of which the appellant complain it be apprehend to be  very just and right because condition annex to legacy which go in restraint of  the freedom of marriage be consider as void by the civil law and be not at all  favour in court of equity and because the intention of the testator in this  case be full comply with by the respondent Robert bear the name of Barlow  before and at the time of and ever since his marriage which be all that be  require by the testator will but after hear counsel on this appeal it be  declare that the appellant be well entitle to the legacy of pound conditional  bequeathe to he by the will and therefore it be order and adjudge that the  decree of the that of July shall be reverse and that it shall be refer to one  of the master of the court of chancery to inquire what part of the testator  personal estate have be lie out by his executor in bank stock and SouthSea  annuity stock and what proportion thereof and of the produce thereof belong to  the appellant in respect of the say brown er p legacy of pound and it be  further order that the say court of chancery shall give the necessary  direction for take the say account and for the transfer and payment of so much  of the say bank stock and SouthSea annuity stock and of the produce thereof to  the appellant as shall appear to be his proportion of the same in respect of  the say legacy and it appear that the decree of the d of July have not be sign  by the Lord chancellor it be declare that the appeal from that decree be bring  irregular and it be therefore order and adjudge that the same so far as it  complain of the say last mention decree shall be dismiss but with liberty  notwithstanding for all party to apply to the Lord chancellor if they shall  think fit to rehear the cause jour vol p the reporter of this case have take  no notice of the reversal of the decree contempt