c chamberlain v chamberlain OF MANGERSBURY S c Eq can ab also cite in Prec in  Charles Lord chancellor follow Caton v Caton l r I Ch for subsequent proceed  see Freem legacy col chamberlain the father of the party have make his will  and the defendant who be his son and heir his executor settle his land upon he  for life with remainder to his first son c with remainder to young brother of  the defendant and leave likewise pound due upon a mortgage upon wick from Mr  Stratford which he devise to his trustee to be lie out in land to be settle as  aforesaid and do likewise devise pound among his daughter the plaintiff and  have some discourse about alter his will for fear there shall not be asset to  pay the legacy the defendant in consideration he will not alter his will do  promise he to pay the say legacy the defendant pretend that all the benefit he  have by thewill be not sufficient to satisfy the legacy and therefore desire  that the asset not amount to pound what be defective may be draw out of the in  as much as he be but tenant for life of his land by the will but it be decree  that let the asset be what they will or however the estate be settle yet the  defendant have solemnly undertake the payment of his say legacy in case his  father will not alter his will and his father die in peace upon the say  promise that the defendant shall pay the plaintiff their legacy and though the  defendant be but tenant for life by the will with remainder prout above yet if  he have issue the fee of those estate may for ever continue in he and his  posterity for his issue will be tenant in tail c and the plaintiff shall not  be concern whether or freeman no any part of the pound shall be draw out  towards the payment and that point be not determine now but be leave to be  decide in a bill depend betwixt the defendant and his young brother on who the  land to be purchase with the say pound be to be settle in remainder in case  the defendant die without issue and the Lord chancellor say it be the constant  course of this court to make such decree upon promise make that the testator  will not alter his will chamberlain v agar Ves and Bea Mestaer v Gillespie Ves  Strickland v Aldridge Ves Dixon v olmius Cox can post c p Reg lib a fol it be  decree that the defendant shall pay the plaintiff the legatee their full  legacy and interest thereon and to the end that the pound due on stratford  mortgage and all other the estate devise by the say testator may stand charge  with payment of the say legacy in case the personal estate of the testator  shall prove insufficient to discharge the same the plaintiff be to be at  liberty to amend his bill or to exhibit a new bill as he may be advice freeman  er p