case davila versus davila follow Thompson v Watts I ill Lord chancellor Nov a  by marriagearticle be bind to pay his wife if she survive he pound in full of  dower three custom of London or otherwise out of his real and personal estate  a die intestate this bar the wife of her share by the statute of distribution  Mr davila on the marriage of his wife in in consideration of the intend  marriage and of pound portion covenant if his wife survive he to pay her pound  in a month after his decease in full of dower three custom of London or  otherwise out of his real or personal estate Mr davil a die intestate and  without issue his widow bring her bill against the administrator of her  husband to have a moiety of the personal estate by the statute for  distribution of intestate estate the defendant the administrator plead in bar  thereunto the say marriageagreement and that thereby the plaintiff be to have  but pound out of her husband real and personal estate which he be ready to pay  Vernon chancery case for the plaintiff it be insist that the marriageagreement  do not extend to debar her from a moiety of the personal estate which the law  give her not by her marriage but by her husband die intestate and the  marriageagreement be intend to bar her only of all such right as she may claim  or become entitle unto by virtue of her intermarriage and as the husband may  have give her by will any part of his real or personal estate and as the  marriageagreement will not binder her from take a moiety of his estate if he  have think fit to devise it to her by will the statute for settle intestate  estate be in the nature of a will for all such as die intestate or if she may  not have the by the marriageagreement and also the moiety of the estate by the  statute yet she may elect that of the two provision which be most beneficial  Lord chancellor by the word of the agreement she be tie down to accept the  pound in full for what she may claim for dower or three or by the custom of  the city of London or otherwise out of thereat or personal estate word be  never to be confine or restrain from their natural signification and therefore  allow the plea Reg lib a fol mere the entry of plea allow vide Benson v  Bellasis ante vol Blandy v Widmore ante p and case cite in not there  respective it be object her husband may have give her a legacy it be true he  may have so do and so he may have make a will and have give her nothing and  possible he may think it not necessary to make a will and devise the estate to  his next of kin because he know his wife be bar by the agreement from claim  more than the and that all the rest of his estate will go to his next of kin  Vernon chancery case er p