Barnardiston Lamplugh and Hebden march a husband reserve to himself a power by  his marriagesettlement to sell the estate which be settle provide he settle  other land of a certain value to the same use he do settle other land of that  value accord and then sell the land which be original purchase the husband  bring a bill against the purchaser in order to compel he to complete his  purchase the wife and child must be make defendant to this bill on the  marriage of Lamplugh with a settlement be make of certain land in strict  settlement but there be a proviso in that deed that Lamplugh shall have a  power of dispose of those land in such manner as he shall think proper in case  he shall make a settlement of other land of the value of pound per Ann to the  same use by this marriage there be issue one daughter Hebden enter into  article with Lamplugh for purchase of he the land that be original contain in  this settlement at the time of his contract with Lamplugh he have no notice of  this settlement and thereupon he enter upon the possession and dig brick earth  in order to build upon it but before the time for complete the payment of his  purchasemoney he get intelligence of the settlement and thereupon he refuse  pay the residue of his money the present bill be bring by Lamplugh against  Hebden in order to compel he to complete his contract and the bill suggest  that at the time this contract be enter into between Lamplugh and Hebden  Lamplugh have settle other land of the value of pound per Ann to the same use  at the hear of this Cause it be object on the part of the defendant that the  plaintiff wife and his daughter be not make party to this sit on the other  hand it be insist thatin bill of this sort the usual method be for the court  to direct that the master inquire whether the plaintiff can make a good Title  and therefore that it will be sufficient to bring the wife and the daughter  before the master in order that they may lie before he any objection to show  that the estate which be contain in the second settlement be not of the value  of pound per Ann Barnardiston Lord chancellor say his opinion be that the wife  and the daughter ought to be make party to this suit he say that here be a man  contract for the purchase of a estate which be contain in a marriagesettlement  in that settlement there be a proviso that the husband shall have it in his  power to dispose of the estate that be settle in case he shall settle other  land of the value of pound per Ann to the same use it be contend on the part  of the plaintiff that he do settle other land of that value and therefore that  he be well entitle to sell the land which be original contain in the  settlement to the defendant the bill be bring in order to compel the defendant  to perform the contract for the purchase of this estate that he make with  Barnardiston er p the plaintiff in order to have a decree for such performance  it will be incumbent on the plaintiff to make out that he have effectual  settle other land of the value of pound per Ann to the same use now the proof  that the plaintiff may make of this in the present Cause may be sufficient to  entitle he to such decree in case that the wife and child be not make party  and yet it may not be sufficient in case that they be and be they not to be  party the wife and child may bring a new bill and overturn the Title of the  defendant and notwithstanding they shall be bring before the master nothing  that be there do will conclude they therefore this be such a case that the  plaintiff can be say to make out a good Title to the estate in question unless  the wife and child be make party it have be say that it be not proper to make  person party to a bill mere to the end that they may litigate their own Title  and it be indeed true if there be no other end of make the wife and the  daughter party that it will not be right that they shall be make so but there  be another end of make Barnardiston they party the bill may be amend by pray  that they may join in the conveyance to the purchaser and a decree may be make  for that purpose and so his lordship be please to decree accord