a in consideration of marriage settle land upon himself for life remainder to  his intend wife for life remainder to the heir of his body on his wife to be  beget remainder to his own right heir and in the same deed a covenant for  himself and his heir not to suffer a recovery but that the land shall be enjoy  by the issue of the marriage accord to these limitation the marriage take  effect and they have issue a daughter who marry the plaintiff and to who a  give a considerable portion then a suffer a recovery to the use of himself and  his heir and devise these land in trust for his say equity case abridge  daughter for life remainder to her first c son in tail male and if she survive  her husband then to her in fee but if she die first then the remainder over  and die on a bill bring by the daughter and her husband against the devisee  and executor of the father for a specific performance of the covenant Lord  chancellor be of opinion that the covenant do not bind the land so as to  defeat the will or recovery for in this case the intent of the settlement be  more effectual answer than it will have be if the land have descend in tail to  the daughter for then it will have be alienable from the issue male whereas  here it can but the covenant be good to bind the asset ergo liberty be give to  sue the executor and to recover out of the personal estate and for that  purpose a issue at law be direct but not to try what the husband equity case  abridge er p but what the wife or her issue be damnified by the breach of this  covenant and it be allege that the testator do moreover give a portion to the  daughter the defendant shall have liberty to give in evidence any thing of  that kind which may tend to a satisfaction of this breach of covenant hill  Collins and plummer will Rep his lordship say that it be plain the intention  of the deed be that the party shall rely and depend on the security of the  father be covenant and equity ought not to vary or alter the security which  the other side have agree to accept of for that will be go beyond and  consequent against the intent of the party ibidem so if one covenant to give  his daughter pound equity will not compel he to give any further security than  this covenant that be at first accept vide Prec in Chan Vol Abr Eq p can will  Rep