case ware versus lant Eq Abr c S c one execute a voluntary bind of pound to  one of his daughter without any condition and Payable immediate but always  keep it by he and it be prove to be make to screen himself from tax and so  esteem by that daughter and he by will give portion to all his daughter and  die this bind decree to be set aside Mr Andrew Lant have four daughter and in  make his will and devise to one pound and by the same will devise to they  pound apiece for their portion which last sum of pound be to be raise out of a  real estate devise by his will for that purpose afterward he marry one of his  daughter to Mr Francis lane and give her pound portion and afterward execute a  bind of pound to another daughter but keep it by he and it be find among his  paper after his death and there be some proof in the cause that this bind be  enter into to defend he from pay tax for his money and there be some proof  likewise that he have tell his daughter not long before his death that he  intend her the benefit of the bind it be plain he have forget his will for he  die not till and have often say he have no will and it be not find till some  year after his death by the say will he have give his wife who he make sole  executrix some legacy but have make no disposition of the surplus of his  estate and the several question that be make in the case be precedent in  chancery saint whether this bind be to be pay to the daughter or to be set  aside dly if it be to be pay then whether it shall be take as a satisfaction  of the legacy devise to her or a revocation of the will as to they and whether  the unpreferred daughter shall be make equal out of the surplus before any  distribution if any be to be make in this case dly if there be not a  difference where the wife have a legacy and be make executrix and the surplus  not dispose and where a stranger be and if she shall not have the surplus to  her own use though a stranger shall not especial in this case when the will be  make in and the course of distribute the surplus not introduce till long after  and therefore not to be carry on in equity to take it from the widow when the  law be not so at that time my Lord keeper be of opinion that though there be  no fraud or circumvention in obtain the bind from Mr Lant yet that it appear  to be his intention that no use shall be make of it for the bind be without  any condition and Payable immediate and he always keep it by he and therefore  if she have get it from he and put it in suit against he in his lifetime he  think equity will have relieve he against it that he always declare that he  intend his daughter equal and equality be the high equity and the daughter  herself take the bind to be only to protect he from tax and be voluntary and  only do for that special purpose it be a trust for himself as this case be and  therefore decree it to be set aside this daughter be equal to the rest without  that bind precedent in chancery er p as to Mr lane pound portion that must  betake to be a satisfaction of the pound give her by the will for her portion  and a revocation of the will pro tanto but as to the pound legacy that be a  general legacy give by the will mrs lane must have it notwithstanding the  pound give her for her portion and the precedent in chancery personal estate  shall not go to ease the real estate of the legacy charge on it by the will  post and reference decree likewise that the widow must distribute the surplus  for though the law be take otherwise at the make of the will yet by subsequent  resolution the law be declare otherwise and here be no circumstance intervene  to alter the judgement of the court to what the law be take to be at that time  as the die of the testator at the time of the will as to the hotchpotch he can  see no reason against it and therefore the portion must be bring in and the  daughter have the benefit of it but not the wife and pound come of the pound  come out of the land this be only pound to be bring into hotchpotch