but where on a treaty of marriage article be enter into for settle land on the  husband for life remainder to the wife for life remainder to trustee to  preserve contingent remainder with remainder to the heir of the body of the  wife by the husband to be beget with other remainder over and the marriage  take effect and a settlement be make to the husband and wife for their life  successive remainder to trustee to preserve contingent remainder remainder to  the first son of that marriage and the heir of the body of such first son and  so to the second and other son of that marriage in like manner with a  remainder to the heir of the body of the wife by her say husband to be beget  they have issue one daughter only then the husband die and the wife marry a  second husband and they both join in a fine and recovery by which the daughter  be bar of her inheritance bring her bill to carry the article into execution  for that by the settlement care be take of the daughter Le son pursuant to the  intention of the article but no care be take of the daughter in regard the  limitation to the heir of the body of the mother by the first husband make her  tenant in tail general and consequent at liberty to defeat her daughter as she  have now do by this fine and recovery which be contrary to the intention of  the article which be to make a effectual provision for the issue of that  marriage but Lord Chan equity case abridge er p cellor say if no settlement  have be make and you have come hither to have enforce the make of one pursuant  to the article it be true this court will have take care that the daughter  shall likewise have be secure of the provision intend they by the article by  limit a remainder to the daughter and the heir of their body to be beget on  failure of son but here a settlement be actual make and accept by the party  and in the provision for the son strict than the article themselves import and  for the next remainder it be limit in the very term of the article he can now  make no alteration in it and though a difference be offer where the settlement  be make before marriage and where after that where it be before this court  will not interpose as they may where it be after marriage yet the court have  no regard to this distinction but dismiss the bill pasch Burton and Hastings  pale yellow Eq Rep SC and decree Mod S c in pale yellow Rep it be say but too  hasty dismiss the bill