brown case William GRENE Appellant joanna green widow and another Respondents  that January Mews dig three a be entitle under a settlement to a annuity of  pound per and expectant on the death of his father and to a contingent  interest in though real estate in case his brother shall die without issue the  father agree to pay a pound and to secure he a present annuity of pound per  and for his life in lieu and satisfaction of all his future interest under the  settlement the court establish this agreement but without prejudice to a s  issue viner vol p can cite in legatt v Shewell pale yellow Rep John green  esquire the appellant father and the respondent joanna late husband have two  son and two daughter by Elizabeth his first wife namely Giles and the  appellant Elizabeth and Catherine and be entitle to four thirty six part or  share of the new river water work and indebt to sir Thomas to make water in  pound by indenture of lease and release date the d and d of July he convey and  settle these four share to the follow use videlicet as to two of they to the  use of sir William dolben and his heir until sir Thomas to make water shall  out of the profit have receive his debt of pound and as to those two share so  subject and the other two share to the use of himself for life and after his  decease to the use of sir William dolben and his heir in trust to permit the  brown er p appellant and his sister Elizabeth and Catherine and the heir of  their body respective to receive pound per and apiece for ever out of the  profit of the say premise then to permit such person as the say John green  shall by deed or will appoint to receive pound per and more thereout and then  to permit Giles green to receive the residue of the profit for his life with  remainder to his first and other son successive in tail male remainder to his  daughter in tail remainder to the appellant for life remainder to his first  and other son successive in tail male remainder to his daughter in tail with  remainder as to one moiety to Elizabeth and as to the other moiety to  Catherine with like limitation in tail to their respective issue male and  female and with cross remainder over to each of they but subject to a proviso  that if Elizabeth or Catherine shall marry in their father lifetime and  respective receive from he a portion of then the trust for the payment of  their pound per and be to cease this be a voluntary settlement and John green  have after the death of his first wife marry the respondent Joanna by who he  have issue the other respondent he by indenture of lease and release date the  that and that of September resettle the premise and in some measure vary the  former limitation but still the appellant pound per and expectant on the death  of his father and his contingent estate for life with remainder to his son  successive in tail male expectant on the death of his brother Giles without  issue be preserve the appellant turn out to be a extravagant young man and his  father be apprehensive that his future interest in the estate brown may become  a prey to sharp by article date the that of June agree to pay he pound and to  settle a annuity of pound per and on trustee for the appellant life in full  satisfaction for his pound per and after his father death and of his future  interest in the premise upon the contingency abovementioned and this agreement  be mutual execute by both party by two several deed bear date respective the  that of July follow in June Giles the old son die without issue and in January  John the father make his will and thereby devise the say four share of the new  river water to the respondent Joanna and make her sole executrix and residuary  legatee the appellant in Michaelmas term after the death of his father exhibit  his bill in chancery against the respondent to be relieve against the article  and deed of suggest that they be obtain from he by surprise and other unfair  mean and without any adequate consideration or if his annuity of pound shall  be establish that he may receive the same free from tax which the defendant  Joanna have think proper to deduct and that she may pay he be the amount of  the tax so deduct on the that of November the cause be hear before the Lord  chancellor Cowper when his lordship declare his opinion that such right and  interest as the plaintiff have under the settlement of be well convey to his  father by the article and deed of and therefore decree that so much of the  bill as seek to have a account under the settlement of and to set aside the  article and deed of shall stand dismiss without prejudice to the appellant  issue but as to the annuity his lordship declare that the same ought to be  free from tax and decree the payment thereof accord but do not think fit to  give cost on either side from this decree the plaintiff appeal insist W  whitelocke that the settlement of be a unjust attempt to break in upon that of  that the agreement of be gain by surprise and without adequate consideration  be a continuance of the same fraud and that have prevail in the matter of tax  his annuity he ought to have have his cost but to this it be answer e Northey  I Jekyll that the settlement of do not injure the right of the appellant or  his issue male but leave the same as it stand upon the settlement of nor be  his issue injure by the agreement of but their right still remain unimpeached  and be particular protect by the decree that it full appear by the proof in  the cause that the agreement be make with great solemnity and deliberation  that the appellant perfect brown er p understand the import of it and frequent  declare himself satisfy and that consider the appellant be entitle to nothing  in his father lifetime and only to pound per and after his death and that  Giles the elder son be then a young man in full health and vigour and marry to  a healthy woman young brown than himself so that there be the great  probability of their have issue the appellant future interest in the premise  be of very little value and consequent the consideration of the agreement be  both fair and adequate that the question as to tax depend pure on the  construction of the deed of July and there be a deficiency of personal asset  it be apprehend that as the annuity issue out of the new river share which be  a real estate the same ought to be subject to tax but however the doubtfulness  of the point be sufficient to excuse the respondent Joanna from pay cost and  accord after hear counsel on this appeal it be order and adjudge that the same  shall be dismiss and the order and decree therein complain of affirm jour vol  p