case Duffield versus smith and mary his wife and sarah Duffield April Eq can  ab p S c by a marriagesettlement in case of failure of issue male a remainder  be limit to the daughter until they shall raise pound for portion there be  issue a son and two daughter the father by will give the daughter pound apiece  and die the son give by his will to the daughter to the amount of pound and  devise the land to his male heir and die without issue the father or son  legacy to the daughter shall not be a bar and satisfaction of the pound secure  by the marriagesettlement ante can post case the now defendant have former  bring a bill claim a charge of pound upon the estate as a provision for  daughter on failure of issue male secure by a settlement make on the marriage  of knightly Duffield their father and their brother have devise the land to  the now plaintiff Duffield they pray he may either pay the pound or be  foreclose and the now plaintiff then defendant insist that his testator have  by his will leave a ample recompense to his sister by largo legacy and make  they executor by which they profit above pound that bill upon hear on the that  of October be dismiss with cost and the now plaintiff bring on his bill to  hear to have a decree to hold and enjoy the land against the claim of the  pound the plaintiff testator have by his will give and leave a ample  recompense to the defendant his sister exceed the value of pound Vernon  chancery case and the case appear to be that knightly Duffield the defendant  father upon his marriage in convey the land to the use of himself for life  remainder to his wife for life remainder to the first and other son in tail  male remainder to the daughter of that marriage until pound if but one and  pound if more than one be raise and pay remainder to his right heir there be  issue of the marriage Andrew a son and two daughter knightly Duffield the  defendant father by will devise pound to one of the daughter and pound to the  other and die after his decease Andrew Duffield the son devise pound apiece to  his two sister this be not correct Andrew Duffield who be the executor of  knightly Duffield the father pay the pound to mary the wife of the defendant  smith on her marriage and the interest only of the pound to the defendant  Sarah and by his will leave the estate in question to the plaintiff he pay the  pound only due to Sarah by virtue of knightly Duffields will and of which he  Andrew have only pay the interest r l and also make they executor and  residuary legatee by which they have all the residue of his personal estate  amount to near pound and by the same will devise the land comprise in the say  marriagesettlement of pound per and to the now plaintiff be his cousin german  and heir male of the family for his life remainder to his first and other son  in tail the daughter have bring a ejectment to recover the land the pound not  be pay and that depend on a special verdict the question be whether what be  give to the defendant either by the will of their father or by the will of  their brother or what they take as be make executor thereof shall in equity be  construe or take as a satisfaction of the pound in part or for the whole  Vernon chancery case er p for the defendant it be insist that although there  be a special verdict now depend at law yet it must at the hear of this cause  be take that the defendant have a good estate in law until the pound apiece be  pay they otherwise Vernon chancery case the plaintiff have no pretence to come  for relief in equity second that although the former bill bring by the now  defendant to foreclose the plaintiff be dismiss yet that be not now to be make  use of but if the now plaintiff will have a decree in this cause where he be  plaintiff it must be upon the circumstance and merit of the cause as to the  merit of the cause first there can be no pretence that the legacy give by the  father to his daughter shall be reckon as any satisfaction of the pound in  question as not be adequate in value but beside the father have then a son  live and it be altogether contingent and uncertain whether the pound will ever  arise and become Payable or not and it be but reasonable the father shall make  some certain provision for his daughter and as to the will of Andrew Duffield  their brother though the benefit they take thereby be of great value than the  pound yet there be nothing in the will that declare it to be in lieu or  satisfaction of the pound nor that necessary imply that it be so intend and if  they will pretend this be a dormant settlement and he know not of it that  destroy their pretence that what they take by the will be intend in lieu or  satisfaction of the pound by the settlement and this come to the daughter in  lieu of the land of which they who be heir at law be disinherit there be no  ground for the court to make a strain construction in favour of a voluntary  devisee against the heir at law and that distinguish this case from all the  precedent cite on the other side and although it be object that the brother  may have bar his sister by a common recovery without make any compensation and  may have declare that what they take by his will be in lieu and satisfaction  of the pound by the settlement yet he have not so Vernon chancery case do and  the question be not what he may have do or what may have be fit or prudent for  he to have lone but the case depend on what he have in fact do per lord  commissioner Trevor and Hutchinson Rawlinson dissent decree the provision make  by the brother will together with the pound leave to the defendant by knightly  Duffield the father to be construe and take in lieu and compensation of the  pound by the marriagesettlement for he have by the same will devise away the  land to his cousin and heir male of his family it imply that what he have give  by the same will to his sister be to be in lieu of their interest in the land  and as to the point of satisfaction the sister be not to be consider as heir  but as in the nature of mortgagee and cite the case of Blois and Blois Ch Rep  vent S c yeoman and brook dekins and Powell Jesson and Jesson Osbaston and  Strickland c Reg lib a fol that October note this decree be afterward reverse  upon a appeal to the house of lord that December jour Ho lord vol p ent smith  v Duffield vide Jesson v Jesson ante and case there refer to Atkinson v web  post very v very post goldsmid v goldsmid swan and case in note p