a have devise the residue of his personal estate be about pound to b his  brother and in case he die without heir male of his body then to his two  brother g and c to be equal divide between they then b intermarries with  defendant and by article make before marriage it be agree that the defendant  shall convey her estate of inheritance in S to the use of b for life remainder  to herself for life remainder to the first c son in tail male remainder to  their daughter in tail general remainder to b in fee in consideration whereof  and of the marriage as also of in money b covenant to purchase and settle land  of pound per Ann on himself and wife for their life remainder to their first c  son in tail male remainder to the heir male of b remainder to his brother g  for life remainder to his first c son in tail male remainder in like manner to  his brother c remainder to himself in fee to which article b s father be a  party but neither give nor covenant to settle any thing upon the marriage b  omit to settle land to such use and have devise all his real estate to his  widow and executrix Chargeable with portion for his daughter die without issue  male on a bill bring by his two brother g and c for a specific performance of  these article defendant the widow and executrix she have admit asset be direct  by Lord Chan king to purchase and make a settlement of land of pound pursuant  to the article as to cost it seem this be so doubtful a case that they be not  so much as ask for the plaintiff easter Vernon and Vernon will Rep decree  affirm in dom proc in march ibidem a personal estate can be entail ergo this  devise over be void vide the case of seal and seal p c also Vol Eq can Abr  that Edit p c and my marginal note there his lordship observe that to put the  plaintiff to sue the covenant in the name of the trustee in the article for  the recovery of damage will not be a adequate remedy the party who will be  entitle to the great share of the damage will in case any such be live be the  plaintiff c s son as have the first estatetail but there be as yet no such son  his lordship do not see how he will have any part of the damage give in the  action of covenant be it to be bring also plaintiff c s old son may die  without issue and then the second son may be entitle to the first estate of  inheritance in the premise to be purchase who yet can come in for any part of  the damage recover in the covenant but by this decree each party entitle or to  be entitle will have right and justice do he if not before bar by a legal  conveyance videlicet by a common recovery that b may be induce to come into  this covenant in order equity case abridge er p to make some recompense for  what be intend the plaintiff by the void devise over to they of his brother  a s personal estate in case he b shall die without issue male which have  happen or for the support of his name may have enter into this covenant and no  creditor can be hurt by a specific performance of this agreement ibidem note  it appear that the executrix have by letter after her husband be death promise  to perform his marriage article in purchase and settle land accord but his  lordship say that these letter ought not to bind her if not bind before by the  article ibidem the case of Osgood and stride be cite pro quer