case Katherine Copley a infant versus Lionel Copley Lord keeper Harcourt Eq  can ab pl a man have one daughter to who pound be secure by marriage  settlement and afterward he give her pound by his will for her portion and  pound per annum the daughter shall have but one pound though she may elect  which of the portion she please the plaintiff be the only daughter and heir of  sir Godfrey Copley her decease father and grandchild and heir of Godfrey  Copley her decease grandfather in Godfrey Copley the grandfather settle his  estate upon himself for life remainder to his first c son in tail with a  proviso that if his son afterward sir Godfrey shall die without issue male and  leave a daughter the trustee shall raise out of part of the premise pound to  be pay to such daughter within a year after her marriage or at her age of  twentyone which shall first happen after which the say Godfrey Copley die in  sir Godfrey Copley pursuant to article on his marriage settle all the say  estate include the premise charge with the pound on himself for life remainder  to the first c son in tail male remainder to trustee for year in trust to  raise pound for daughter portion if no issue male Payable at eighteen if then  marry or at any time after when marry in sir Godfrey Copley have no issue male  by his will devise all his land to his kinsman Lionel Copley peer William the  defendant in tail male Chargeable with his legacy and devise to the plaintiff  his daughter Catherine for her portion pound videlicet pound part of it to be  pay her at her age of eighteen year and pound the residue of it within a year  after marriage or in all event at twentyone and devise to her pound per annum  until eighteen and afterward pound per annum for her life and now the  plaintiff Catherine bring her bill for the recovery of all these sum of pound  pound and pound insist that none of they be give in satisfaction of the other  and it be the case of a heir at law and these sum Payable at different time  some less beneficial than other therefore all these portion or at least the  pound give by the grandfather and the pound give by the father shall be pay to  her say per cur the will say that the pound give thereby be for the plaintiff  portion and this pound and the annuity of pound per annum for her life seem  the most beneficial but it be a hard demand in equity when only one portion be  intend the plaintiff that she shall be sue for three wherefore forasmuch as  the plaintiff have no remedy to recover any of her portion but by the aid of a  court of equity she shall not recover more than be intend her but the infant  shall not by this decree be preclude from elect the portion by the marriage  settlement if she when she come of age think that more for her advantage  however she shall not have two portion instead of one the particular of the  settlement of do not appear in Reg lib it be only state general that such a  provision and Payable as abovementioned be thereby make for a only daughter of  sir Godfrey but two ms note of this case agree in state the proviso in that  settlement to have be that the settlor and all person who shall be seize  thereunder shall stand seize in trust to raise pound peer William er p for the  daughter or daughter of sir Godfrey in case of failure of issue male Payable  as above at this time sir Godfrey be not marry previous to this settlement sir  Godfrey be tenant in tail with the immediate remainder to himself in fee and  he levy a fine for the purpose of make this settlement Catherine Copley be the  only child of this marriage who survive her mother the time of payment do not  appear in Reg lib but the circumstance of this portion not be Payable unless  the daughter marry be insist upon in argument as show that it can not be  intend as a satisfaction for the former provision which be in all event  Payable at in sir Godfrey marry a second wife and in the settlement make by he  on his second marriage he covenant that the premise be free from all  encumbrance except the pound to be raise under the settlement of this be much  insist upon both in the plead and in argument as show that sir Godfrey intend  this pound as a satisfaction for the pound there be no issue of the second  marriage sir Godfrey by his will in his own handwriting after recite that he  be entitle to diverse manor land c in possession reversion and expectance and  that by some deed or settlement there be some power reserve to he of charge  all or any part of the premise with diverse sum of money for the portion and  maintenance of his child devise all his real and personal estate to trustee  upon trust out of his personal estate and in aid of his personal estate if  deficient by and out of the money to be raise by virtue of the say power and  in aid thereof by and out of the rend and profit of the say real estate or by  lease or mortgage of a competent part thereof to raise sufficient to pay all  his debt and in the next place the maintenance portion and legacy by he  appoint and give and after recite that he have but one daughter by his first  marriage in pursuance of all such power reserve to he he will and appoint that  his say daughter shall have for her portion pound Payable as abovementioned  and for maintenance of his say daughter until she shall receive her say  portion and as a addition thereto he devise to her pound until year of age  pound until pound until and then pound per and for her life to be pay above  her say portion of pound but in this will he take no notice of the settlement  of and subject to these charge the trustee be to stand seize of the premise in  trust for the heir male of his own body remainder to l Copley in tail male  remainder to Cath Copley for life remainder to her first and other son in tail  with several remainder over Reg lib N B in this case parole evidence be offer  of the testator intention to give the last pound as a additional provision but  the court will not hear it as to this vide post Vol two the court first  declare that Catherine Copley be entitle to only one portion and maintenance  by virtue of the say settlement by the grandfather settlement b that the  father and the will Reg lib a fol vide Blois v Blois Charles Rep Jenkins v  Powell vern Jesson v Jesson ib Thomas v kemish ib bruen v bruen ib Herne v  Herne ib ware v Lant pre Ch Walpole v Lord Conway Barnard Bellasis v uthwaite  atk Farnham v Phillips atk spinks v robin ib Shudal v Jekyll ib wood v Briant  ib clark v jewel atk Johnson v smith ves Barret v Beckford ib Alleyn v Alleyn  ves Watson v earl of Lincoln Amb and bro c c note Jeacock v Falkner Cox S c  warren v warren Cox S c and ackworth v ackworth ib grave v earl of Salisbury  ib Holmes v Holmes ib Cox S c Debeze v Mann bro c c Cox S c Powell v cleaver  ib Hanbury v Hanbury ib ellison v Cookson ib and bro g c Cox Ves jun S c Baugh  v reed ib as to case of satisfaction or performance of a actual contract vide  Blandy v Widmore post and see bide v bide Cox Eden S c Hinchcliffe v  Hinchcliffe Ves spark v cator ib Twisden v Twisden Ves Bengough v walker Ves  Onslow v Mitchell Ves which be case of satisfaction as to case of ademption  see hartop v Whitmore post peer William er p