case sir William can Bart versus dom and can with novembris in court Lord  chancellor a on the marriage of his son covenant to settle land to the use of  the son for life then to the wife for life remainder to the heir male of the  body of the son a die and make his son executor who die and make a second wife  executrix the grandson bring a bill against the executrix to have satisfaction  on the covenant or that he may sue it in the trustee name bill dismiss the  plaintiff father be tenant in tail and may have bar the plaintiff if a  settlement have be make William Cann the plaintiff grandfather on the marriage  of sir Robert Cann the plaintiff father settle the manor of Breane in  Gloucestershire and other land Vernon chancery case er p to the use of sir  Robert for life then to his intend wife for life remainder to the heir male of  the body of sir Robert and covenant to purchase other land of the value of  pound per annum and to settle they to the like use William the grandfather die  and leave a considerable personal estate and make sir Robert his executor sir  Robert levy a fine and thereby bar the entail of the settle land and by his  will give his estate to his son by the defendant who be his second wife and  give the plaintiff a annuity of pound per annum for life only and that upon  condition to release his executrix of all demand which he refuse to do by  reason that his father have in his lifetime enter into a bind of the penalty  of pound to leave the plaintiff pound at his death Vernon chancery case the  plaintiff bill be that he be the issue in tail may have satisfaction make he  on this covenant or at least may have liberty to sue the covenant in the  trustee name and it be say that it be the more reasonable the plaintiff shall  take advantage of the covenant in regard he be disinherit but it be insist for  the defendant that this be a covenant of William the grandfather and be break  in the lifetime of sir Robert the plaintiff father who thereby become entitle  to the damage on that covenant and the plaintiff own bill be that sir Robert  as executor to his father have out of his personal estate retain a  satisfaction for the nonperformance of this covenant and that in case the land  have be purchase and settle accord to the covenant yet it have the next day be  in the power of sir Robert to have bar the entail by levy of a fine or suffer  a common recovery and that therefore there be no reason now to carry this  covenant into a execution in equity for the benefit of the plaintiff the issue  in tail and that against the executrix of a executor the court be clear of a  opinion that in regard sir Robert have be tenant in tail in case this  settlement have be actual make and so may have bar the estate the next day as  he have do all other the entail land that the plaintiff ought not to be  relieve as touch that covenant but dismiss that part of the bill a a it appear  that the plaintiff have make his election to accept of the money secure by the  say bind I e the bind in the penalty of pound which since the commencement of  this suit have be pay unto he by the say defendant and bind deliver up and the  legacy with interest as aforesaid and not to accept of his legacy of pound per  annum the decree be that the plaintiff shall for ever be bar of the say legacy  of pound per annum no cost on either side Reg lib a fol and the bill be also  to have satisfaction for a legacy of pound devise to the plaintiff by Humphrey  hook his grandfather in and another legacy of pound which be devise to the  plaintiff by Cicely hook his grandmother in both which have be receive by his  father it be insist for the defendant that the plaintiff have receive ample  satisfaction for these legacy from his father in his lifetime and more  particular that the bind of pound enter Vernon chancery case into by sir  Robert to leave the plaintiff pound at his death be in time long after he have  receive these legacy and that all the plaintiff demand must natural be intend  to be include in this bind and that beside all this the plaintiff in answer to  a crossbill have insist on the statute of limitation Lord chancellor I will do  all I can to help a heir that be disinherit and you shall be allow nothing  more than what you can prove to have be actual pay towards satisfaction of  these legacy and eastern nomin as in part of the legacy and shall pay the  residue with interest where land and personal estate devise in trust to a  charge in it all with pound to the daughter of a the daughter marry and a give  pound portion but no mention of pound legacy nor any release or discharge take  for it and after twentyone year on bill bring presume that satisfy by the  portion Macdowall ux v Halfpenny post vol Vernon chancery case er p