case hobson and his wife against Trevor apply roper v Bartholemew price  distinguish hill v gum mill Cr refer to stack v royse ir Ch r ir Ch r bill for  specific performance t in consideration of h s marry his daughter enter into a  bind to h to settle c onethird of whatever estate shall come to he upon the  death of his father decree that the condition of this bind shall be special  perform for the design of the agreement of which this bind be a evidence be to  make last provision for wife and child can never be satisfy by the forfeiture  of the penalty which will be all the husband S c stram S c Eq Abr S c Peer wms  this be a bill bring for the specific performance of a agreement make upon the  marriage of the defendant daughter with the plaintiff the case be this Trevor  give encouragement to the plaintiff a young gentleman under age son of sir  Charles Hobson esteem a man of very good substance to make address to his  daughter and promise he in case he will marry her that he will settle upon he  and his daughter the three of whatever estate shall come to he upon the death  of his father the master of the roll and do accord enter into a bind to modern  report er p he before the marriage in the penalty of five thousand pound  whereof the condition be to this effect whereas it be agree between the  defendant and the plaintiff that in case a marriage intend to he have between  the defendant daughter and the plaintiff take effect the defendant shall  within three month after the death of his father settle onethird of whatever  estate shall come to he modern report upon his daughter and the plaintiff for  the term of their life and the long liver of they remainder to the issue of  the body of his daughter c and for default c to the right heir of the  defendant Trevor now the condition of this obligation be such that in case  such settlement shall be make c upon the death of the master of the roll sir  John Trevor so considerable a estate fall to the defendant as that the three  amount to about sixteen hundred pound ayear and therefore the plaintiff pray a  specific performance of the article insist that the forfeiture of the penalty  will not answer the end of this agreement for that be money will go as money  to the executor of the husband and be entire under the husband power whereas  the intention of this agreement by the nature and manner of it be to make a  last provision for wife and child and it be insist that this bind be a plain  and sufficient evidence of this agreement it be insist for the defendant that  this agreement be not absolute to settle c but to settle or in case he do not  to forfeit the penalty of five thousand pound the penalty of the bind in the  very nature of it seem to be a sum fix upon by the party themselves upon the  payment of which the party bind shall be lose from his obligation and if this  be to be intend in any case it seem reasonable to intend it here where not a  shilling be settle or agree to be settle by the husband so that this whole  provision be on the defendant side a perfect bounty it be say that the father  of the young gentleman though once a rich man have the misfortune to lose most  of what he have in the hand of a banker that fail it be urge that agreement to  make settlement in the lifetime of parent and before any estate descend be of  ill consequence and by no mean to be favour or support in a court of equity  modern report as to the objection that the forfeiture of the penalty will not  answer the design of the party which be to make a last provision for wife and  child it be answer that since the penalty of five thousand pound come in lieu  of the settlement it will be in the power of this court upon a proper  application to have the five thousand pound settle in the same manner for the  benefit of the wife and child but it be strong insist in behalf of the  plaintiff that the agreement of the party be to make the settlement and not to  make the settlement or forfeit five thousand pound that this plain appear by  the recital of the bind to be the agreement that the end and design of the  agreement be the make a provision for wife and child which will not be attain  by the forfeiture of the penalty for that will be a debt due only to the  husband and subject entire to his disposal very strange to imagine that the  defendant shall insist upon a provision for his daughter and her issue in case  less than fifteen thousand pound descend to he from his father but in case  more than that he shall take no care at all of her but leave her entire to the  mercy of her husband for this be the plain consequence of suppose the  agreement to be either to make the settlement or forfeit the penalty since in  case the defendant choose to forfeit the penalty then the only provision for  the wife and child be this penalty which be a debt due to the husband the  court of chancery can oblige he to settle it in the same manner as the land if  the circumstance of thing as they stand at the time of make this agreement and  the nature of this agreement be consider it will appear not only to have be a  reasonable agreement but a advantageous one on the side of the defendant  modern report the plaintiff be the son of sir Charles Hobson a very rich man  and though he have very considerable loss afterward yet it do not appear in  the cause but that this may be after the time of the agreement so that there  be a fair expectation and his son be put out to a wholesale linendraper a very  good trade and require a very good stock to set up with as to the settlement  from the plaintiff there be none to be expect be be under age but in  consequence of his trade he be to be a freeman of London and that will be a  provision as to the modern report er p defendant it be well know that though  he be old son to the late master of the roll yet he be under his father  displeasure and so not likely to have anything at all or at least but a trifle  from big father and this be another plain evidence that this agreement be to  settle not settle or forfeit for his expectation be so small the penalty of  five thousand pound must have be esteem by the party as a sufficient security  to enforce the performance of this agreement and it be impossible to suppose  that the defendant can be then provide in his think for that election now  insist upon as to the nature of the agreement it be high reasonable a father  upon the marriage of a daughter big only child and very like to continue so  agree to settle a three of his estate upon a double contingency first the  death of big father before he for if his father have outlive he the whole  agreement be void and second in case any estate come to he from big father for  in case none come as there be too much reason to fear then the agreement be  likewise void upon this double contingency a father agree upon the marriage of  big daughter and only child to settle one three of what he shall have upon the  death of his father upon her and her husband for term of their life and the  long liver of they then to the issue modern report of that marriage in tail  reversion to his own right heir here be nothing agree to be settle but upon  his own child the very reversion be to big own right heir the husband have  only a estate for life and in case of issue the law itself have do as much for  he in make he tenant by courtesy this be a agreement make by one of full age  and not a child a father upon the marriage of big daughter and therefore not  like the case of young heir unwary draw in in the lifetime of their parent to  part with reversion the defendant himself encourage the match look upon it to  be so advantageous as that he think it reasonable to have settle half instead  of a three and brag how well he have provide for his daughter in case big  father shall die and leave he nothing Parker Lord chancellor decree the land  to be settle pursuant to the condition of the bind and declare that if the  agreement have be to have make the settlement or forfeit the penalty it will  have be a debt due to the husband and not in the power of the court to have  take care of the wife and child by order the five thousand pound to be settle  Qure of this it come in lieu of the settlement modern report hilary term the  nine of George the first in the court of chancery Thomas Lord Parker Lord  chancellor sir Joseph Jekyll Knt master of the roll