case Charles HANKES appellant thomas jones and other respondent that may Mews  dig twelve a on his marriage covenant that if his wife shall die before he  leave issue of their body he will pay grant secure or sufficient settle to and  for such issue one three part of all his chattel real and personal which at  the brown er p death of the wife he shall be possess of to be divide between  they if more than one as he shall direct the wife die leave two daughter and  the husband during the coverture acquire some freehold lease for life hold  that these lease be include in the covenant but that the daughter be not  entitle to a division until after the father death which he be decree to give  security to make decree of the Irish chancery reverse see ante case the  appellant by article date the that of July make on his marriage with Ellen  Loftus in consideration of pound to be pay he by Thomas Loftus her father by  several instalment within three year covenant that if his wife shall die  before he leave issue of their body he will pay grant secure or sufficient  settle to and for such issue the like sum of pound together with one three  part of all his chattel real and personal money plate jewel or any other good  of what nature soever which at the death of the say Ellen he shall be possess  of to be divide between they if more than one as the appellant shall direct  and if he shall die before his wife then that he will leave or sufficient  secure to her pound together brown with a four part of all his chattel real  and personal and will grant leave or sufficient secure to the issue of the  marriage the other three part of such chattel etcetera to be divide between  they as the say Ellen in her discretion shall think fit the marriage soon  after take effect and the appellant be then possess only of one moiety of the  town and land of Skeheen in the county of Roscommon by virtue of a lease for  year commence the saint of may at the yearly rend of pound S with a covenant  on the part of the lessor to grant a further term for ten year if he have  power so to do this leasehold estate and the stock thereon be then the whole  of the appellant fortune and his interest by virtue of the say lease will have  expire on the saint of may but in the appellant purchase a new lease in the  land of Skeheen for three life renewable for ever in consideration of one  shilling per acre to be pay yearly over and above the rend reserve by the  former lease which make the whole rend amount to pound S the only issue of the  marriage be the respondent Susannah and Sarah and in Susannah intermarry with  the respondent Thomas Jones without the appellant consent notwithstanding  which he at several time supply they with diverse considerable sum of money  good and cattle for their advancement and also maintain they their servant and  horse for several year and educate their son for more than fifteen year at a  very great expense to the amount in the whole of pound and upward in the  appellant obtain a lease for twelve year of the land of Carrobane and  Ronemankegh in the county of Roscommon of the then yearly value of pound from  one Edmund Winston to who the appellant have lend pound Winston for secure the  repayment thereof with interest execute a mortgage of the same land to Thomas  Contraine clerk in trust for the appellant but these land be subject to a  discovery upon the popery act John Shiell in trust for the appellant do to  secure the appellant debt exhibit his bill in the court of exchequer in  Ireland pray to have the benefit of winston estate and interest in the say  land then by he hold by lease for ten year grant by Christopher Talbot to  Patrick Netterville in trust for the say Winston or his father on the saint of  may the appellant and respondent Jones enter into a agreement in write whereby  the appellant agree to pay the respondent any sum not exceed pound as the  portion of the respondent Susannah provide Loftus Jones Esq brother of the  respondent Thomas will pay the say respondent twice as much without further  reservation and after recite that there be article of intermarriage between  the appellant and his then wife whereby distribution be make of the appellant  personal estate and that the appellant have acquire chattel real it be agree  that if the covenant of the say article brown shall affect the say chattel  real the respondent Jones shall have it in his choice whether he will accept  the pound or abide by his article and the respondent agree that he will not  give the appellant any molestation or commence any lawsuit against brown er p  he during his life on account of the say article or of any right or claim  which the respondent may happen to have by virtue thereof in August the  appellant wife die and in march follow the respondent Thomas Jones and  Susannah his wife and Sarah who be then unmarried without the privity of the  appellant execute a agreement whereby it be stipulate that they shall be  entitle in equal share to all money good and chattel which the appellant be  possess of on the death of Ellen his wife in a decree be obtain in the  beforementioned cause in the court of exchequer by virtue whereof the  appellant be put into possession of the say land of Carrobane and Ronemankegh  for the term which Winston then have therein and in he purchase the  inheritance of those land for pound S d and for that purpose borrow pound of  Richard hull Esq upon secure to he a rentcharge affect the appellant whole  estate in the respondent Sarah intermarry with one Thomas Isaac whereupon the  appellant pay they pound as a marriage portion in consideration whereof they  on the that of march execute to the appellant a release of all their demand  under his marriage article in march the appellant marry Margaret Kirkpatrick  and to avoid any controversy which may afterward arise between he and the  respondent his daughter he in January exhibit his bill in the court of  chancery in Ireland against they and also against the other respondent Thomas  Loftus as grandson and heir of Thomas Loftus Esq father of the appellant late  wife Ellen who have the custody of the say marriage article pray that the  respondent Jones and wife may account for the money cattle and other thing to  the amount of pound and upward with which the appellant have supply they and  for their maintenance and the maintenance cloth and education of their son for  several year to a very large amount and for a account of two bind debt due to  he from the respondent Thomas Jones and that they may release their demand  under the say article the respondent respective answer the bill and Jones and  his wife admit that the appellant have advance they several sum of money and  the other matter aforesaid but insist that what have be so advance be to be  consider in the light of present from the appellant and in April the  respondent Jones and his wife exhibit their cross bill against the appellant  and also against the other respondent for a specific performance of the  appellant marriage article and a discovery of brown the chattel real and  personal of which he be possess at the death of Ellen his late wife and the  produce thereof and the profit of Skeheen Carrobane and Ronemankegh and that  pound and interest and their share of a three part of all the say premise  shall be forthwith pay or secure accord to the say article the appellant by  his answer to this cross bill insist that the respondent Jones and wife have  no right to any part of the land of Skeheen as the appellant have a freehold  and not a chattel interest in those land when his wife die and that they be  not entitle to any share of the inheritance of Carrobane and Ronemankegh he  have purchase the inheritance as aforesaid and also insist that the say  respondent ought to account with the appellant for the money good and cattle  wherewith he have supply they and for the maintenance of themselves and their  servant and also for the maintenance cloth and education of their son and that  they be overpay all their demand which they may have be entitle to under the  say marriagearticle Thomas Isaac the respondent Sarah first husband have die  pen this suit she intermarry with the respondent Gilbert Allison and issue be  join and publication pass in both cause they come on to be hear on the that of  July and several subsequent day before the Lord chancellor of Ireland and on  the that of that month it be decree that the respondent Jones and his wife  upon the death of Ellen her mother on the that of August by virtue of the say  article become entitle to pound with interest from her death and to a six part  of the chattel real and personal which the appellant be possess of when she  die and to interest for the same from that time and to a six part of the  estate and interest which the appellant then have in the land of Skeheen by  virtue of the lease for life renewable for ever take by the appellant in the  year before the expiration of brown er p the term which he have in the say  land of Skeheen at the time of enter into the say article and it be order that  the bill of discovery in the plead mention and the decree obtain thereon by  John Shiell in trust for the appellant shall be a trust as to a six part of  the estate term and interest in the land of Carrobane and Ronemankegh thereby  decree and as to a six part of the rend and profit thereby recover for the use  and benefit of the respondent Jones and his wife they contribute a six part of  the expense the appellant be put to in prosecute such suit and obtain the say  decree and it be further order that the purchase make by the appellant of the  rend and reversion of the say land of Carrobane and Ronemankegh as to a six  part thereof shall be a trust for the respondent Jones and his wife they pay  also one six part of the purchasemoney agree to be pay for the same and it be  refer to a master to state and settle a account of what remain due from the  appellant for the brown say pound and interest and the value of the six part  of the say chattel real and personal of which the appellant be possess at the  death of his say wife and to compute interest thereon from her death and to  take a account of the rend etcetera of the land of Skeheen from the death of  the say Ellen and to who hand they come and what the say land be or may have  be let for yearly to a solvent tenant without wilful default and to report  what the say land of Carrobane and Ronemankegh may have be let for yearly  without wilful default to a solvent tenant from the time of obtain the say  decree to the time the appellant purchase the rend and reversion thereof and  for how much the same have be or without wilful default may have be let yearly  to a solvent tenant from the time of make the say purchase and who receive the  rend during the say respective period of time and whether any and what sum of  money be pay by the appellant to the respondent Jones and his wife on account  of all or any of the sum or estate to which they become entitle as aforesaid  and to report special the consideration pay by the appellant for the purchase  of the rend and reversion of the say land of Carrobane and Ronemankegh and by  who the purchasemoney be pay and what remain unpay and also to report the cost  of prosecute the say bill of discovery and obtain the say decree the appellant  conceive himself aggrieve by this decree appeal from it contend W Murray c  York that upon a fair construction of the word of the article he have a right  to the use of the pound and the three part of the chattel etcetera during his  life and that he be not compellable to pay the respondent his child any part  thereof while he live but that the word and intention will be full comply with  by secure the same to be pay to his child in such share and proportion and at  such period of time as he shall think fit that his wife fortune be too  inconsiderable to make her child become purchaser of a great settlement  especial as this fortune be under the article agree to be pay by several  instalment of pound each and at such distinct payment as that it can not be  full discharge in less than three or four year after the marriage that the  party to the article have themselves clear and express declare that the  provision intend to be make for the issue of the marriage be to arise out of  the chattel real and personal only and therefore no freehold or estate of  inheritance be or can be within their view or intention consequent the decree  ought to be vary with regard to the land of Skeheen of which the appellant  have on his marriage only a lease for year that lease will have expire in if  the appellant have not long before the death of his wife purchase the freehold  by take a lease for life renewable for ever and which so entire change the  nature of his estate and interest in the land that it immediate become not  liable to be affect by the covenant that the appellant be at the death of his  wife entitle to the land of Carrobane and brown Ronemankegh for the residue of  a term of twelve year only at a rack rend the respondent have no right to any  interest therein other than a six part of the same for the remainder of that  term and to a six part of the pound secure by mortgage from Winston nor ought  they to be decree to any chattel interest gain under the bill of discovery or  to any share of the inheritance of the land purchase after the death of Ellen  the appellant late wife for as to the chattel interest in winston lease though  the bill of discovery be file in ellen lifetime yet no interest vest in the  discoverer till some time after her death the decree be obtain in and as to  the purchase of the inheritance it be not only a acquisition make several  brown er p year after her death but can not be consider as within the meaning  of the article unless the money advance for it be part of the personal estate  bind by they but which be not pretend on the other side it be insist r Henley  c Pratt that the respondent right be find on marriage article which be  executory in their nature be always carry into execution accord to the  intention of the contract party and have ever receive a liberal construction  in favour of the wife and the child the intention of the party to these  article be that all future acquisition and improvement of their fortune shall  be bind by they and the only reason why all the husband land of inheritance be  not secure by the article be the small likelihood or expectation at that time  that he will ever be able to acquire so considerable a property for if such a  acquisition have be think probable at the time of the marriage and worth  insert in the article the provision which be mean to be coextensive with the  husband property will certain have comprehend that and as to freehold lease  however they happen to be omit in word they be certain mean to be comprise  under the description of chattel real which no one can doubt when they see the  appellant himself by his own act all along consider the article in this sense  upon this notion he oblige the respondent to join in the grant of the annuity  to Mr hull and upon the same notion by the agreement of may in the lifetime of  Ellen and before the right of the respondent to any fortune become vest he  oblige the respondent Thomas not to demand the share which his wife may be  title to till after the appellant decease in this case therefore beside all  other obvious argument which arise in favour of the child there be the  authority of the appellant himself to give the article a liberal construction  for his child against himself by these article the appellant become a trustee  for his child in the strong light and therefore every act to defeat or  prejudice their interest must be in he a breach of trust of the gross kind he  acquire the lease for life in the land of Skeheen by surrender the term for  year of which there be then six year to run and by a advance rend sure then it  be but just and reasonable that such new acquire interest brown shall pursue  the nature of the old and come in lieu of what he have extinguish by his own  act the consideration of this lease plain arise from what be subject to the  article it shall therefore be consider as a result trust for the wife and  child in proportion to their respective interest in the old lease and if there  be a result trust for the benefit of the child at the creation of the new  lease it always continue nor can it be material to this purpose whether the  death of the wife happen in year or day after the alteration of the lease as  to the land of Carrobane and Ronemankegh the appellant first interest in they  be a chattel real subject to the article the mortgage on winston term be the  same and have the appellant foreclose the equity of redemption that term will  have be subject to the article as the mortgage be the bill of discovery be but  another method to obtain the same end and to make that title good which may  otherwise be defeat by another discoverer and though the appellant title be  not perfect and complete by fill the bill of discovery until the decree obtain  after his wife death yet that decree when obtain have a retrospect and the  appellant thereby become entitle to the mesne profit from the time of fill the  bill at which time it must certain be consider as part of the trust and as the  purchase of the rend and reversion may be consider as a extension or  enlargement of the former interest it shall be consider as subject to the same  trust and more especial as the trust effect be make the security for the  purchase money but after hear counsel on this appeal it be order and adjudge  that the decree therein complain of shall be reverse and it be declare that as  between the appellant and the respondent Jones and his wife the article enter  into on the marriage of the appellant with Ellen his first wife ought to be  perform and carry into execution and that accord to the true construction and  intent of the say article the respondent Susannah and her sister the  respondent Sarah Allison upon the death of the say Ellen their mother become  entitle to the sum of pound in the say article mention and also to one three  part of the value of all the clear personal estate chattel real be therein  include which the appellant or any other person in trust for he be possess of  or entitle unto at the time of the say brown er p ellen death to be divide  between the say respondent Susannah and Sarah in such proportion as the  appellant in his discretion shall think fit and that the same ought to be pay  to they immediate after the death of the appellant unless he shall pay or make  satisfaction for the same in his lifetime and it be therefore order and  adjudge that it shall be refer to a master of the court of chancery in Ireland  to take a account of all the personal estate chattel real be include which the  appellant or any other person in trust for he be possess of or entitle unto at  the time of the death of Ellen his first wife and to take a account of all the  debt which be brown real and good fide due and owe by the appellant at the  same time and to deduct the same thereout and that the master shall inquire  into and state what be the amount of the value of the appellant clear personal  estate after such deduction make as aforesaid and it be also declare that the  interest either in law or equity acquire by the appellant in the land of  Carrobane and Ronemankegh under the decree obtain by John Shiell in trust for  the appellant during and until the expiration of the term grant therein by  Edmund Winston to the appellant and also the lease for life renewable for ever  of the land of Skeheen ought to be deem part of and be bring into the account  of the say personal estate within the true intent of the say article and that  the appellant have compound with his daughter the respondent Sarah for the  share which she be entitle to under the say article without make a regular  division thereof the respondent Susannah ought to be deem entitle to one  moiety of the say sum of pound and to one six part of the value of the clear  surplus of the say personal estate to be pay or secure as aforesaid and it be  therefore order that the appellant shall give security to be approve of by the  master to pay to the respondent Thomas Jones and Susannah his wife the moiety  of the say pound and so much money as one six part of the clear residue of  such personal estate shall amount unto within six month after the appellant  decease with interest for the same from the time of his death and that in take  these several account the master shall make to all party all just allowance  and that all party shall be examine upon interrogatory as the master shall  direct and that all book of account deed security write and paper relate to  the matter in question in the custody or power of any of the party shall be  produce before the master upon oath as he shall direct and that no cost of  this suit shall be pay on either side to this time but that the consideration  of the subsequent cost and of all further direction shall be reserve until  after the master shall have make his report and that any of the party shall be  at liberty to apply to the say court of chancery in Ireland in the say cause  as there shall be occasion and it be further order that the say court of  chancery shall give all proper direction for carry this judgement into  execution jour vol p