case Heneage versus HUNLOKE November see in re bailey settlement lr Eq the  plaintiff be entitle to the pound and pound and the two freehold house under a  trust in marriage article for a elder daughter where there be a son be account  a young child b article of the d of August upon the marriage of the plaintiff  father and mother it be agree that the grandfather of the plaintiff on the  mother side shall before the that of December next pay to the defendant the  trustee pound and secure to he pound on bind to be lie out in the purchase of  Southsea annuity in trust to permit the plaintiff father to receive the  interest and dividend thereof during his life and after his death to permit  the wife to receive the interest thereof for her life and after the death of  thesurvivor if the that shall have a son or one or more young child son or  daughter then upon far trust to pay the say principal sum to such young child  if but one and if more than one equal to be divide between they and it be  further covenant that the plaintiff grandfather shall procure his sister  Frances flatman who be interest in two house in Shoelane to convey all her  interest therein to the use of herself for life to the plaintiff mother for  life then to her young child or child in tail general remainder to the  plaintiff mother in fee Frances flatman by indenture of lease and release bear  date the same day with the article videlicet the d of August settle the two  house to the same use with the article the father and mother be dead and have  leave the plaintiff their daughter and old she have bring a bill against the  trustee to have a maintenance out of the pound and pound and also out of the  rend of atkins the two freehold house and to have both transfer to her when  she come of age it be insist for the defendant the infant son that as the  plaintiff be the old child of the marriage she can take the pound and pound as  it be express to be a provision for young child or at least not the two  freehold house for that the case have only go as to term for year for raise  portion and not upon a legal limitation of a freehold estate Lord chancellor  to be sure the present case differ in one respect from the case cite because I  do not remember that this construction have ever be make upon a legal  limitation for if a ejectment be to be bring I doubt the plaintiff will find a  great difficulty to make out a title under this limitation she be the old will  not at law be construe a young child but in this court as the article be  executory they must be carry into execution agreeable to the intention of the  party for it be all one entire provision for the child as well what be to be  pay in money as what be give by the house now young child or child in the  indenture of lease and release must be construe analogous or in conformity to  the article videlicet any child exclusive of a son and what govern my  judgement be that I must take the article and the indenture as one and the  same act for they be both date upon one and the same day child and also a son  atkins er p and I can make a different construction of the deed from the  article for the legal limitation be to provide for the young child or one  young child as much as the other accord to the plain intent of the grandfather  father mother and the aunt the rule have be right lie down b the plaintiff  counsel that accord to all the late case a elder daughter where there be a son  be account a young child so beal v beal p W mead v cave Charles Rep butler v  Duncombe p W Pierson v Garnet bro Charles Rep Billingsley v will post vol vide  etian Coleman v Seymour Ves Teynham v web Ves duke v Doidge Ves Broadmead v  wood bro Charles Rep hall v hewer Amb and though the daughter may not have  recover at law this court will have rectify the mistake Simpson v Vaughan ante  as it have do where a term in a settlement for raise portion for young child  be place after a estatetail which shall have be before and this in two  instance one before sir Joseph Jekyll in the case of uvedale versus Halfpenny  p wms in a marriage settlement a term for year for secure young child portion  be by mistake make subsequent to the estatetail limit to the son sir Joseph  Jekyll set it right accord to the intention and agreement of the party  Halfpenny versus uvedale atkins Lord Hardwicke declare that accord to the true  intent and meaning of the indenture of the second of August the pound and  pound and to the Southsea annuity freehold house in Shoelane as a daughter of  Thomas Heneage Anna maria his wife the defendant George Heneage be the on son  of the marriage and order the master to take a account of the dividend of the  Southsea annuity and of the rend of the two house receive by the defendant and  to allow the clear produce thereof for the plaintiff maintenance for the time  pass and till she attain twentyone and if the or any part can be recover he  direct it to be place out in the purchase of Southsea annuity in trust for the  plaintiff and also decree that the plaintiff shall hold the two house to her  and the heir of her body till twentyone and afterward that the defendant  George Heneage do convey they to the plaintiff in tail general with remainder  to George in fee unless within six month after his attain his age of twentyone  or be serve with a subpoena for that purpose he shall show unto this court  good cause to the contrary Reg lib a fol