chamber and chamber a sum of money appoint to be lie out in a purchase to the  use of a for his life remainder to his old son subject to a charge for the  provision of young child the money to be let out in any public fund till a  convenient purchase find if a loss happen before the purchase it must be bear  in a average William chamber the plaintiff grandfather upon a marriage intend  to he have between his son John chamber and Elizabeth greenwood covenant with  certain trustee that shall by he be add to more the portion of Elizabeth and  that the say shall be lie out in land to the use of the say John chamber for  his life remainder to the trustee to support contingent remainder remainder to  Elizabeth for her life for her jointure remainder to the trustee for a term of  year to raise portion for the young child of the intend marriage and if there  shall be but one young child then to the trustee until shall be raise for such  young child if more than one then to the trustee until the sum of shall be  raise and then it be appoint that such young child or child shall be pay the  interest of the say sum or sum until his or their respective age of eighteen  year or marriage which shall first happen and after such age or marriage as  aforesaid then the say sum or sum to be pay to such young child or child by  one entire payment equal the same to be raise by mortgage c of any part of the  land to be purchase remainder to the first and other son of that marriage  successive in tail remainder to the right heir of William chamber and then  power be give to the trustee to invest the say sum of in any public or  parliamentary fund till a convenient purchase may be find and then as to wax  Fitzherbert Gibbon tain land of which the say William chamber be seize in fee  in the county of Derby the say William chamber for the further advancement of  the say John chamber covenant for he and his heir to convey the same to the  use of himself for life without impeachment of waste remainder to his wife for  her life remainder to the say John chamber and the heir male of his body  remainder to the right heir of the say William chamber the marriage take  effect and the plaintiff be old son of that marriage and the defendant be the  FitzGibbon er p young child William chamber the grandfather and his wife be  both dead the trustee after the marriage lie out the in a subscription of  SouthSea lottery annuity and by the great loss fall upon that fund in the year  very near one half of the be lose now the plaintiff bill be that the residue  of the shall be lie out in a purchase accord to the marriage article and that  the loss suffer by the subscription shall be bear in a equal proportion by the  young child and also as to the land covenant to be convey by William chamber  the grandfather that the same shall be in strict settlement that be to John  chamber the plaintiff father for life only with remainder in tail to the  plaintiff be his old son c for the defendant the young child and John chamber  the father it be argue by Mr attorney general and as to the first point it be  admit of all hand that the trustee be to bear no part of the loss but he  insist too that the young child be to bear no part of the loss for that the be  to be consider as actual invest in land and the intend as a provision for  young child as a certain charge upon such land now if land have be actual  purchase and that by any accident or casualty the value of the same have  become less the owner of the land must suffer because he take it charge at all  event with the sum of certain for there be equal reason to say that the young  child shall have benefit by the increase of the value which can be contend as  to say that by a decrease in the value they must suffer suppose now the have  by the Fitzherbert Gibbon subscription increase to still the child will be  entitle to no more than because that at all event be judge by the article a  competent provision for they and by the same reason that no event can better  their condition so neither shall the accident which have happen make it worse  as to the other point he observe that the conveyance of the land be not to be  to the use of the issue of the intend marriage but to the use of John chamber  in tail so that it can not be intend as a provision for child in any sense but  as a further benefit and advancement to John chamber and that if the  grandfather have intend but a estate for life for his son he will have make  the limitation so as he do to himself and his wife it be argue on the other  side by Mr solicitor general first that the land must be convey in strict  settlement for it be plain the party to the article intend that after the  death of John chamber his issue male shall have those land for otherwise the  limitation will have be to the heir general of John chamber now it be a vain  thing to imagine that the party shall have intend a settlement for the benefit  of the issue of John chamber and yet that immediate after the say settlement  make John chamber shall have it in his power to defeat his issue of any such  benefit for this will be only to put he to the expense of a common recovery as  to the other point he argue that the loss fall upon the six thousand pound  must be bear in a average for otherwise the entire provision intend for the  heir of the family may be defeat for if only of the have remain then from what  be contend for he shall have nothing which be against all reason and equity  that he for who chief the article intend to provide shall by a casualty of  this nature be entire defeat of such provision my Lord chancellor be of  opinion and so decree that the plaintiff bill shall be dismiss for that part  that pray a conveyance in strict settlement those land have not be give nor  intend in consideration of the marriage nor as a provision for child but his  lordship be with Fitzherbert Gibbon the plaintiff upon the other point and the  decree be accord to the prayer of the bill