case GOILMERE versus BATTISON distinguish in re Parkin hill v Schwarz Ch Eq  can ab pl SC a agreement by feme when sole that if she die without issue she  will leave I S pound or the land decree the agreement to be perform against  the husband who be devisee of the wife the heir at law pretend a right to the  land in question come to the tenant in possession who likewise claim a  interest in the fee and threaten to evict her at law she make this promise  videlicet if I die without issue of my body I will either give you pound or  leave you my land and now she be dead and have devise her land to her second  husband who have never a notice of this former agreement a bill be bring to  have a execution of this agreement it be insist that this be all the portion  her husband have with her and therefore he be quasi a purchaser and that a  remainder after a estate tail be so remote that such a agreement shall never  be execute in equity for if the wife have real by deed execute settle the  estate to the use of herself in tail remainder in fee to the plaintiff yet she  may at any time have dock that remainder by a common recovery but the counsel  on the other side insist that a agreement for such a remainder shall be  execute in equity and that the plaintiff can in no sort be call a purchaser  and cite the case of sergeant Maynard versus mosely where such a agreement  after a estate tail be decree Vernon chancery case the Lord chancellor decree  the agreement to be execute Ch Rep Qure if a feme covert be seize of land in  fee she can devise the same to her husband because at the make of the will she  have no power be sub potestate man to devise the same and the law intend it  shall be do by coercion of her husband   Litt b et vide stat Henry cap so  George v Amb nor can a wife change the nature of her estate by article Oldham  v Hugh atk et vide Milnes v busk Ves jun but the fact in this case do not  appear to be so the case as state in the register book be as follow Thomas  Goilmere the plaintiff brother be seize of certain premise and have no child  and be desirous that a marriage may be conclude between plaintiff and one  Elizabeth well which be then in treaty the say Thomas do by deed bear date d  Nov on consideration of say marriage she be worth eight score pound bind his  heir and executor if he die without issue to give they pound or all his  freehold land at Foxall and Brithwell to they and their heir that the marriage  be soon after have and the plaintiff have above eight score pound portion with  her and the say Thomas die several year after without issue but do not give  the pound or any thing to plaintiff and charge that defendant keep the land c  the defendant by answer admit that Thomas Goilmere be seize of the premise but  do not know of any write enter into by the say Thomas but state that the say  Thomas by deed of feoff date that Oct on his marriage intend to he have with  mary smith Vernon chancery case er p settle the aforesaid premise to the use  of himself till the marriage and after to they two for their life and then to  his heir and that he make his will date that Oct and devise all his freehold  land to mary his wife and her heir who be seize thereof make her will and  devise the same to the defendant Judith the wife of the defendant Philip  Battison whereupon and upon hear the proof in the cause it be decree that the  defendant shall forthwith deliver up the possession and execute a good  conveyance of the say premise to the plaintiff and his heir and also deliver  up all write concern the same but the defendant be to have all the arrear of  rend then due for the say premise Reg lib a fol