case Dennis Daley Esq and lady Ann his wife versus sip edward DESBOUVERIE and  other follow in re smith Keeling v smith Ch d SC burr SC Ves whether condition  be precedent or subsequent if they be in restraint of marriage the court have  always put a favourable construction upon they to prevent a forfeiture where  there be no objection to the person or estate of the gentleman who propose and  the young lady herself be incline to the match trustee shall consider  themselves in the light of a parent and ready come into a consent Mr smith  have two daughter the countess of clanrickard and lady Desbouverie in he  settle a house in ormondstreet and some leasehold estate in trust for lad  clanrickard for life and to such person as she by write shall appoint by his  will July the that be give a legacy to the plaintiff Ann old daughter of lady  clanrickard of pound at or marriage with interest at pound per cent to John  her brother pound at if one die the whole to the survivor and the residue of  his real and personal estate to the trustee in trust as to one moiety for the  sole and separate use of lady clanrickard and by a codicil he direct that in  case the plaintiff Ann shall marry in the lifetime of the countess without her  consent that the plaintiff legacy shall be divide among the rest of lady  Clanrickards child Mr de goll be the survive trustee the testator die and the  earl of clanrickard on the saint of August lady clanrickard make a appointment  of her house and the leasehold estate to smith earl of clanrickard for life  and to his first and other son in tailmale to daughter in tailgeneral  remainder as to one moiety of the freehold to plaintiff Ann for life and to  her son and daughter in tail male remainder to lady mary Burke as to the other  moiety in the same manner with cross remainder and by another deedpoll of the  same date appoint Mr de goll to assign the real and personal estate devise by  her father to the same trustee sir Edward Desbouverie John Manley and Thomas  ware and their heir in trust to sell and lie out in land and settle to the  same use as the freehold by the last deed and till so invest to be place out  to interest and be apply for the benefit of the person entitle to the rend and  profit of the estate in booth deed be the follow proviso that if her son the  earl of clanrickard the atkins plaintiff Ann and lady mary Burke shall marry  without the consent f sir Edward Desbouverie John Manley and Thomas ware or  the major part of they or the survivor of they if any of they shall be then  live that then he she or they marry without such consent and his or their  issue or descendant shall forfeit or lose all his her or their right to the  premise and the next person inremainder atkins er p pursuant to the  appointment aforesaid shall and may in such case enter thereunto and enjoy the  same as if he she or they so marry without consent as aforesaid be or be  actual dead without issue by her will she confirm the deed poll and make sir  Edward Desbouverie John Manley and Thomas ware executor and residuary legatee  on the same use and also guardian to her child on the first of January the  countess die and on the that of July Mr de goll pursuant to a decree in  chancery assign all the trust estate to sir Edward Desbouverie in a treaty of  marriage be propose by and between the plaintiff and after it have be carry on  about five month the plaintiff Daley acquaint sir Edward Desbouverie with his  intention upon which sir Edward take down in write from Daleys mouth the  follow proposal for a settlement on the marriage acre of land in Ireland worth  pound per and of which six hundred pound per and be propose to be settle in  present for their maintenance the remain pound per and in reversion after the  father death in case she be a widow and have issue pound per and in case she  have no issue pound per and jointure her own fortune to be settle together  with the pound par Ann sir Edward Desbouverie communicate the proposal to  Manley and ware the next lie who do not approve of it in regard Mr Daley the  father of the plaintiff be to have the interest of the plaintiff Ann s portion  which be about pound for his life the trustee agree at that meeting not to  consent unless the plaintiff Ann s fortune be settle with the a year for the  present maintenance of the plaintiff on the that of may Mr Manley at the  request of the other trustee transmit the say proposal which have be before  deliver to the trustee in write and sign by the plaintiff Daley to Mr tailor  by letter who be guardian to the present earl of clanrickard the letter in  substance as follow we take the liberty to give you some further trouble in  relation to lady Ann who we find as a inclination to marry the son of Mr  Dennis Daley the young gentleman have send the enclose atkins proposal to sir  Edward Desbouverie as we be entire stranger to Mr Daley we desire you may  inquire into his circumstance and how far be be able to make the settlement  propose by his son and if his father shall desire to treat it be our opinion  my lord counsel shall be consult thereupon lady Ann s fortune at present be  from her grandfather smith about pound beside what be leave by her father out  of his Irish estate which will make the whole as we compute upward of pound  and she have a further expectance in case of my lord death of a moiety of what  my lady clanrickard leave my Lord if she marry with our consent if not she  will lose it and the whole will go to her sister unless she shall likewise  marry without our consent in which case the whole go to sir Henry Parker this  be all the influence we have over lady Ann and she may with her fortune marry  much better yet if Mr Daleys father will make the settlement propose we  believe the young folk be too far engage for we to attempt to break off the  match and therefore we shall be oblige to consent to it lady Ann very soon  after her mother death go to her father relation without our privity or  consent and how far they may have pervert her we can tell but she and the  young gentleman both declare themselves protestant and say that this be the  reason my lady be father relation be against the match we be your most humble  servant John Manley c London the that of may postscript the above letter be  prepare for all the trustee to sign but sir Edward Desbouverie go out of town  in a hurry desire I will forward it to you Mr tailor in answer to this letter  on the that of June send the trustee the follow proposal from Mr Daley the  father acre of land to be settle to the use of Dennis Daley senior for life  remainder to Dennis Daley junior for life with remainder to his first and  every other son in tai I the say Dennis Daley have agree that he will lie out  the portion at interest or in the purchase of land which shall be settle to  the same use pound per and present maintenance pound per and jointure if no  issue but if issue pound per and it appear by a letter from sir Edward  Desbouverie to Mr tailor that all the trustee refuse to consent on any other  term than on lady Ann s portion be settle with pound per and for their present  support and her jointure and the reason they give be that if the father of  Daley shall have the interest of lady Ann s fortune which at pound per cent  the common interest in Ireland produce pound per and he in effect part with  nothing at present atkins er p atkins the plaintiff Mr Daley apply several  time afterward to air Manley for his consent but he tell the plaintiff he  think the term insist on by he and sir Edward Desbouverie and ware be  reasonable and that he never will give his consent on any other and caution  the plaintiff against the ill consequence of marry without the consent of the  three trustee and tell he if he will consult counsel and they shall be of  opinion what be insist on by the trustee be unreasonable he will be ready to  submit but not otherwise it appear in evidence that the plaintiff be marry by  John gaynam the famous fleet parson on the that of June the plaintiff Daley  never apply to the trustee Manley and ware for their consent till he have be  marry some time the bill be bring to compel Mr Daley the father to a specific  execution of the marriage agreement or such other reasonable settlement as  this court shall direct may be execute by he that the trustee may join in the  settlement or sign their consent so as to prevent a forfeiture and that they  may execute the trust in the two deed poll the two material point for the  defendant the trustee be first whether what the trustee have do amount to a  consent to the marriage of the plaintiff second if the trustee have do amiss  in refuse their consent to the match on the that of December Lord chancellor  give judgement that the marriage of the plaintiff be substantial with the  consent of the trustee first question whether the condition annex to the power  be such a condition as lady clanrickard can annex second whether there be  evidence sufficient on the part of the plaintiff to show that their marry be  with the consent of the trustee as to the first I think lady clanrickard have  a power to annex this condition as to the second I think the condition have be  well perform as condition in restraint of marriage be not consider in a very  favourable light the court have dispense with the want of circumstance where  the condition have be perform to a reasonable intent as where the major part  of the trustee or guardian consent Harvey v Aston ante vol wiseman v foster  Charles Rep where trustee have give a conditional consent that have be deem  sufficient to prevent the forfeiture Dailey v Desbouverie above burr SC Ves so  where trustee give a imply or tacit not a express consent the proviso in both  the deed be very harsh and unreasonable and therefore a court of equity will  be justify in take as great atkins a latitude as may be in the construction of  it to prevent a breach if the marriage be such as be fit there can be no  objection either to the person or to the estate of the plaintiff Mr Daley  neither be it a disparage settlement it appear through the whole cause that  the lady have a strong inclination for the match and therefore in such a case  the trustee shall have consider themselves in the light of a parent and shall  have ready come into a consent it be manifest both from the letter and  disposition of Mr Manley one of the trustee that he agree to the proposal and  give his consent that it shall be a match and the letter be likewise evidence  that the trustee in general approve of the person behaviour and quality of Mr  Daley and it be also evidence t their consent to the marriage provide Mr Daley  the father will make the settlement he propose the word in the letter we shall  be oblige to consent mean from the necessity of the thing and for the  happiness of the lady and ought to be construe a present consent that if the  father will make the settlement they will not break the match I have be  consider of the evidence of the consent as to condition whether precedent or  subsequent where they be in restraint of marriage the court have always put  the most favourable construction upon they to prevent a forfeiture and for  this purpose farmer versus Compton Ch Rep be a very strong case and Bostock  and Ireton Ch Rep under the name of wiseman contra foster before Lord  Nottingham be a case in point the trustee have signify their consent that a  settlement shall be make accord to the prayer of the plaintiff bill and  therefore I will decree accord Reg lib a fol atkins er p Mesgret v Mesgret  vern Harvey v Aston ante vol quaere whether the same observation apply to a  subsequent consent vide Burleton v burgundies burr Amb SC Reynish v Martin  post vol oh where a father or guardian at first encourage proposal but before  the marriage take place deny his consent Campbell v Lord Netterville Ves Lord  strange v smith Amb the reader will find a few observation on condition in  restraint of marriage in a note at the end of the case of Harvey v Aston ante  vol