case the marchioness of Blandford versus the dowager duchess of marlborough  and other April SC Ves cite where a person have a power to make a jointure  without any deduction for any charge impose or to be impose parliamentary or  otherwise this do not mean only such as be fix and certain but the landtax  though a fluctuate one be clear within the power so Brewster v Kitchell salk  Lord raym Hopwood v barefoot vin pl Hodgworth v Crawley ante Bradbury v wright  dougl contra green v Marygold vin tyrconnel v Ancaster Ves Amb SC dam Costa v  Villareal bro Charles Rep in note vide Harvey v Harvey ante atk Nicholls v  leeson post atk a bill be bring to have certain manor land c part of the  trustestate of the first duke of Marlborough and settle upon the marchioness  in marriage with the marquis of Blandford make up a clear pound a year out of  the asset of her late husband while lie be in possession or out of the asset  of harriot late duchess of Marlborough or out of the asset of the present duke  tile case arise principal upon the will of the first duke of Marlborough make  atkins er p the that of march this be a very strict settlement of his real and  personal estate he make the person who be then in be tenant for life only of  the whole among which be harriot late duchess of Marlborough and her son the  marquis of Blandford there be certain power give to each particular tenant and  one of the power be special give to the marquis of Blandford to make a  jointure in his mother lifetime not exceed pound per and and this to arise out  of land which he be seize of or out of personal estate when lie out in land  after the death of John late duke of Marlborough lady Godolphin be in  possession and the marquis of Blandford her son in her line marry the present  plaintiff and by article of marriage he covenant to settle out of the estate  of the late duke of Marlborough to the yearly value of pound for a jointure  over and above all reprize pursuant to the power give he under the will of the  late duke of Marlborough atkins July a settlement be execute or deed of  appointment of the land which recite the will of the duke of Marlborough the  letter of denization of the plaintiff to enable her to take land recite the  consideration of marriage and covenant that the land shall produce to the  plaintiff pound per and clear of all reprizes the plaintiff enter into the  land after the death of the marquis of Blandford and continue in possession  till she marry sir William Wyndham who then receive the rend and profit till  the time of his death but have not produce pound a year and common feature  year there have be a deficiency of pound the first question what be the true  construction of the power second what be the construction of the article three  whether upon the proof there appear to be any deficiency in the annual value  of the land settle in jointure fourthly whether the plaintiff have a right to  have this deficiency make good against the several defendant the word of the  power provide also and my will and meaning be that Lord rialton shall in his  lifetime be empower by any deed or deed in the presence of two witness or by  will c to settle upon any woman c he shall marry for her jointure not exceed  pound per and without any deduction or abatement for any tax charge or  imposition impose or to be impose parliamentary or otherwise subject  nevertheless to lease in be at the time of such jointure make I think both  side be mistake in the construction of the power for the plaintiff counsel  carry it too far in extend it to be a clear rentcharge and have insist upon  deduct for every little sum old out in mantiring or any way relate to the land  and on the other hand the defendant counsel have narrow it too much by insist  tax and imposition ought to receive a limit and restrain sense and mean such  tax as be fix and certain in their nature which the landtax be not be a  fluctuate one I think the landtax clear within the power for it will be very  strange when there be the word impose or to be impose that the principal and  most considerable public tax atkins shall be intend to be exclude vide  Brewster v Kidgill Carthew salk Mod there be a cause in this court between the  bishop of Oxford and wise in where the bishop covenant that he will pay all  charge ordinary and extraordinary Lord summer consult with Lord chief justice  Treby and Mr justice John Powell who be both of opinion the bishop be liable  to pay the land tax and the decree be accord to their opinion but then the  judge say if it have be in the case of a common person it will have be  otherwise because he can bind his heir but now a perpetual tax have and may be  lie upon land as for repair bridge c but though certain and permanent when fix  yet not certain at what time it may be so fix the best rule be to construe the  power as refer to such tax as be in be at the time the article be execute the  jointure be not to exceed in the whole the annual value of pound and in my  apprehension the value of the land be to be estimate as it stand at the time  of the power if by any accident after the execution of the power there shall  have be a excess it will be for the benefit of the jointress by parity of  reason if there shall be any deficiency by inundation or casualty the  jointress must acquiesce under it to construe it otherwise will make these  power desultory atkins er p upon the first question therefore the measure of  the charge the jointure estate be to be free from must be take from the  valuation at the time of the execution of the power and of such charge as be  then in be the second question be as to the construction of the article a  great inaccuracy in the drawer of the article for want of pursue the power nay  even the article and settlement have not so much as the same word but differ  in many place and yet I think they ought both to be construe so as to make  they consistent and by this mean I shall have some reason for what I say and  some foundation to stand upon on the part of the defendant a advantage have be  attempt to e take from this expression that the jointure shall be clear of  reprize atkins now the word reprize be of a very uncertain signification and  ought to be construe secundum to throw under means for the genuine meaning of  the word vide cowell interpreter and blunt law dictionary but the fee of  steward or bailiff mention there as a outgoing must mean the fee of steward or  bailiff of the crown sir Henry Spelman be a far better antiquary and critic  than either of they and he have not the word in all his glossary the article  be in with a recital of the power and the intend marriage and the meaning of  this inaccurate drawer under the word reprize be to take in tax charge or  imposition impose or to be impose parliamentary or otherwise accord to the  subject matter and pursuant to the power to which it refer nothing be clear  than that the marquis intend to settle pound per and free from all tax  whatsoever and if the construction of the article shall be doubtful from the  uncertain signification of the word reprize yet tax insert in the settlement  may explain the meaning and this way of reason will hold better in this court  because article be consider here as minute only and the settlement may  afterward explain more at I e the meaning of the same party as to the three  and four question relate to the deficiency though the plaintiff take a  collateral covenant from the marquis of Blandford that the land shall continue  of the value yet this have nothing to do with the power for to make a covenant  amount to a execution of the power be not agreeable to the rule of  construction in this court therefore the plaintiff must rely upon the article  and if a deficiency appear there they be executory and not execute and there  be no difference between the article unexecuted in toto or in part only for  all the case go upon this ground that what be covenant to be do be consider as  do the rule case in this respect be Coventry versus Coventry vide Max in Eq at  the latter end p W S c stram S c Mod SC see Harvey v Harvey ante atk and note  and lady Clifford and Lord Burlington vern the plaintiff counsel have insist  she be entitle to be relieve under the head of mistake Simpson v Vaughan ante  atk and I think very right for the in attention or laches of a marry woman can  hurt or affect her right post atk atkins as this be my opinion upon the whole  I must declare that the plaintiff by virtue of the power under the duke be  will and the marriage article of the that of April be entitle to such a  jointure out of the trustestate subject to the say power as at the time of  execute the say article be of the yearly value of pound free from all  encumbrance rentcharge rend seck feefarms quit rend annuity stipend to  minister pension and procuration Payable thereout and also free from all  parliamentary tax or imposition of such nature and kind as be in be at the  time of execute the say power and particular from the landtax then in be and I  decree that it be refer to a master to inquire and certify whether the land  and tenement comprise in the article be at the time of the execution of the  say article of the yearly value of pound accord to the yule herein before  declare and lie down and if not what be the deficiency thereof and to be make  good out of the trustestate accord to the say power and let the defendant the  trustee with the approbation of the master set out and convey land and  tenement of a annual value equal to such deficiency accord to the fruit of the  pay power W the plaintiff for her life in f of the residue of her jointure  atkins er p