case sir james hay versus kingdom Jointtenants survivorship Lord Ranelagh  Dashwood and five other upon their farm of the Irish excise enter into article  that if any of they die their part shall survive and a covenant that none of  they shall assign without licence from the rest one with licence but not in  all point agree with the article assign to his son and a three person in  consideration of five shilling and die the question be whether his assignee  shall come in for his share but it be object that this assignment shall only  empower the assignee to act and come in as agent but shall not entitle they to  the interest and benefit of the assignors share Vernon chancery case it be say  by the Lord chancellor if there have be no covenant it shall survive Vernon  chancery case er p yet in equity it ought by reason of the joint charge and  expence Vide jefferys v small post usher v Ayleworth post fisher v Wigg Lord  Raymond Rep p wms rous ux v white show Rigden v vallier atk ves accord to Lord  nottingham own report he say quite the contrary namely that if there have not  be a covenant for survivorship equity will have hinder it ms note in Mr  hargrave Vernon if there have be any agreement among the farmer that it shall  not survive that may have alter the case but that be not so much as pretend  nor be there the least proof of it and the consideration of the assignment be  but five shilling it can be think it be ever intend that the interest of the  assignor shall pass by it but only a agency or power of act and have the  assignment be make by Mr Lemuel kingdom to his son only there the  consideration may have be for natural love and affection but here the  assignment be make to his son and another person so that consideration be out  of the case and the bill to have the assignment make good wasVide jefferys v  small post usher v Ayleworth post fisher v Wigg Lord Raymond Rep p wms rous ux  v white show Rigden v vallier atk ves accord to Lord nottingham own report he  say quite the contrary namely that if there have not be a covenant for  survivorship equity will have hinder it ms note in Mr hargrave Vernon dismiss  vide lee v sir Robert Henley all post