brown case dame margaret Eustace widow appellant thomas KEIGHTLEY and other  respondent that June Mews dig go viii forfeiture be abolish by the forfeiture  Act Vict c except when consequent on outlawry a upon his marriage with b  settle land of pound per and for her jointure and covenant that if the  particular land so settle shall not yield pound per and clear b shall have so  much of the rend of the residue of the settle estate as shall make up the say  pound per and a be attaint of high treason his estate become forfeit and be  grant by the crown to I S the particular jointureland do not amount to pound  per and hold that the jointress be entitle as against the grantee of the crown  to have the deficiency make good decree of the court of chancery in Ireland  reverse see post case sir Maurice Eustace in consideration of his marriage  with the appellant and of pound her portion by indenture of lease and release  date the that and that of October settle his estate at Castlemartin and  elsewhere in Ireland to certain use and particular as to part thereof to the  appellant for her jointure and in this settlement there be a clause that if  the particular land so settle for the appellant jointure shall not real yield  her the clear yearly rend of pound per and over and beside reprize she shall  have and receive so much of the rend issue and profit of the residue of the  settle estate as shall make complete the say sum of pound per and in the year  sir Maurice be attaint of high treason for be concern in the Irish rebellion  whereupon he and his lady flee into France where they live together till  October when sir Maurice die but the appellant not return from thence till the  year be in the mean time deprive of all the rend and profit of her jointure  land in may the appellant exhibit her petition of right in the Pettybag of the  court of chancery in Ireland in order to obtain possession of these jointure  land and the attorney general have confess her title she obtain a writ of to  move away manus and thereupon after great opposition from the creditor of sir  Maurice who be then in possession upon extent or other execution she in may  recover possession of the land but be not able to let they for more than pound  S d per and brown the respondent Keightley have in may obtain a grant from  king William for a term of ninetynine year of all the estate of sir Maurice  Eustace except the jointure land the appellant in February exhibit her bill in  the court of exchequer in Ireland against Mr Keightley and the then attorney  general in order to recover the deficiency of her jointure and also the arrear  thereof from the time of her husband death and on the that of February the  same be decree to her accord and it be refer to the chief remembrancer of the  court to state the account of such arrear and deficiency but the act of  resumption soon afterward pass no proceed be have under this decree the  appellant however in August exhibit her claim before the trustee brown er p  appoint by that act for the arrear and deficiency of her say jointure ground  on the aforesaid settlement and decree and also for a sum of pound S d as the  amount of what she have pay for the purchase of several judgement which affect  the residue of sir maurice estate and on the that of February follow the say  trustee give judgement in the appellant favour and decree that she shall hold  and enjoy the particular land limit to her in jointure for and during her  natural life with all such benefit and advantage to which she be or can be  entitle either in law or equity and it be further decree that she shall  receive the sum due to her for the judgement which she have bring but this sum  be restrict to pound S d in April a act pass in England for the relief of the  respondent Keightley whereby it be enact that nothing contain in the act for  sale of the Irish forfeiture shall make void the grant make to he but that he  his executor and assign under the limitation trust and proviso in this act  declare shall hold the land mention in the letter patent during the term  thereby grant and those land be thereby declare to be grant to the say Thomas  Keightley his executor and assign charge with such rend as the same be  Chargeable with before the forfeiture and it be by the say act further enact  and provide that the say dame Margaret Eustace shall hold and enjoy her  jointure of pound per and and all debt by judgement due to her as the same  have be allow to her by the say trustee and shall also have and receive all  arrear of her jointure which have accrue and grow due since the death of her  husband and the say act express save to her all such right title and interest  claim and demand as she have or can or may have in law or equity of into or  out of the premise or any part thereof on the that of July the trustee make a  order whereby it be refer to Mr spry their master of the reference to state  the account of the arrear of the appellant jointure which have accrue due  since the death of her husband first give notice thereof to the respondent  Keightley brown in consequence of this order Mr spry by his report of the that  of August follow certify that after deduct what the appellant have receive out  of her jointureland there remain due to her on account of the arrear from the  death of sir Maurice to may the sum of pound S d this sum be therefore charge  by the trustee among the encumbrance affect the forfeit estate of sir Maurice  Eustace and a deduction be accord make upon their estimate of the value of  what remain in they to be sell and public notice thereof give to the purchaser  videlicet to John asgill Esq who in trust for Mr Keightley purchase for pound  the reversion expectant on his term of ninetynine year and also to Mr  Keightley himself who for pound purchase the reversion of the jointureland  expectant on the appellant death and accord in the conveyance execute to they  by the trustee in June the land thereby convey be make subject to all claim  and demand as have be allow by the say trustee and a express save be make to  the appellant of all such claim and demand as she have or may have by the  aforesaid act make for the relief of Mr Keightley the respondent Keightley  decline to pay the appellant the pound S d for the arrear of her jointure or  to make her any satisfaction for the deficiency thereof she be reduce to great  distress so that in November she sell all the judgement debt and other  encumbrance which she have before purchase to sir William fownes and in  December she also sell to he a considerable part of her jointure in order to  raise money for satisfy her debt and obtain her liberty from prison where she  have be confine for near two year in August the appellant exhibit her bill in  the court of chancery in Ireland against the respondent Keightley for a  satisfaction out of the estate of the say pound S d and of the subsequent  deficiency of her jointure and the cause be hear on the that of February the  Lord chancellor declare that the land of Castlemartin and other the land late  of sir Maurice Eustace and since grant to Mr Keightley be not to be charge  with the arrear of the jointure from the year to the time of the trustee  decree in February in regard Mr Keightley be never in possession of the  jointureland and that the land so grant to Mr Keightley ought not to be charge  with the de brown er p ficiency claim by the plaintiff to the date of the say  trustee decree in regard she have claim such deficiency before the trustee who  have decree her to hold her jointureland say they be then worth pound per and  but have not in express term decree any deficiency to her but his lordship  decree that the plaintiff be entitle to the deficiency if any from February to  December be the time of her sale to sir William fownes and for ascertain the  amount thereof it be order that a trial at law shall he have between the party  upon the follow issue videlicet what be the yearly value of the jointureland  from the that day of February brown to the that day of December and after such  trial his lordship will consider whether Mr Keightleys person or estate shall  be charge with the deficiency if any from this decree the plaintiff appeal and  on her behalf it be insist e Northey I Pratt that she have obtain a decree  against the respondent in the court of exchequer for the deficiency of her  jointure and the arrear thereof out of the rest of her husband estate which be  oblige to make that jointure a clear pound per and and that it have also be  decree to her by the trustee together with all such benefit and advantage as  she be or can be entitle to either in law or equity that by the act pass for  the respondent relief the appellant be to have and receive all arrear of her  jointure which have accrue and grow due since the death of her husband and the  trustee under that act have refer it to Mr spry to state the account of those  arrear which he have accord do in the presence of the respondent agent and  liquidate the same at the aforesaid sum of pound S d which the same trustee  have charge among the encumbrance affect sir maurice estate and make a  deduction thereof in their estimate of the value of that estate to be sell it  be therefore hope that the decree will be reverse and that the sum report due  to the appellant for the arrear of her jointure together with interest from  the date of that report and also the subsequent deficiency will be decree to  her and the estate make Chargeable therewith and so much thereof sell as shall  be sufficient to satisfy the appellant demand and also her cost of this suit  on the other side it be contend r Raymond W peer William that the trustee for  the Irish forfeiture have only adjudge that the appellant shall have her  jointureland and the money she have pay for the purchase of encumbrance but  have allow her no deficiency or arrear that if these trustee have conceive the  appellant to be entitle to any arrear or deficiency they will doubtless have  decree her the same and charge the estate therewith and on the sale of it will  have make a proportionable allowance out of the purchasemoney but as the  trustee have not allow the appellant claim of arrear or deficiency it be the  same as if that claim have be formal dismiss and consequent she be total bar  by the act of resumption which say that if the claim shall not be allow by the  trustee the party claim his heir executor or administrator and all claim under  they shall be for ever debar and without remedy as to the objection that the  appellant be let in for the arrear of her jointure by the proviso in the act  pass for the relief of the respondent it be answer that there be no word in  that act which give those arrear against the respondent and it will be very  unreasonable to make a construction by implication that he shall answer what  other have receive but the word of the act be general must be intend to give  the appellant a remedy brown for her arrear against such only as receive they  and who ought in conscience to be liable to the payment thereof but after hear  counsel on this appeal it be order and adjudge that the decree complain of  shall be reverse and that the appellant shall have a satisfaction for the  arrear of her jointure of pound per and that such arrear have be compute by Mr  spry master of the reference to the trustee of forfeiture in Ireland in his  report make the that of August to amount to pound S d shall be take as a sum  state at pound S d and that the court of chancery in Ireland shall order Irish  interest to be compute for the same at pound per cent from the that of August  until the say sum of pound S d with such interest due and to grow due thereon  shall be full pay and satisfy and it be further order that the say court shall  refer it to a brown er p master to examine and take a account of the annual  deficiency of the appellant jointure from the time to which the say arrear of  her jointure be so compute to amount to the say sum of pound S d until the  that of December and it be further order and adjudge that the say sum of pound  S d and the interest thereof and the subsequent deficiency from the time to  which the say arrear be so compute as aforesaid shall be compute together and  from thenceforth stand a charge with Irish interest to be compute for the same  until satisfaction thereof on the premise grant by letter patent under the  great seal of Ireland to the respondent Keightley for ninetynine year during  the continuance of the say term as well on the reversion and inheritance of  the say premise expectant on the determination thereof and also upon the  reversion of the appellant jointureland and it be further order and adjudge  that if the respondent Keightley shall make default in payment of the say  several sum so to be compute together as aforesaid at such time as by the say  court shall be appoint for his payment thereof the say court shall cause a  sale or sale to be make of so much of the say premise comprise in the say  ninetynine year term during the residue of the say term and of the reversion  and inheritance of such premise and also of the reversion of the appellant  jointureland after her decease as will be sufficient to satisfy the say  appellant her several demand aforesaid together with her cost of this suit to  be tax by a master of the say court and the respondent Keightley be to join in  such sale and procure all person claim any estate right title or interest into  or out of the say premise or any encumbrance thereon by from or under or in  trust for he to join therein and this order be to be without prejudice to any  demand or satisfaction the appellant may have or make for or in respect of the  deficiency of her jointure since the say that of December if any such there be  jour vol p