by marriage article date march land be to be settle on husband and wife for  their life remainder to their first c son of the marriage in tail male  remainder to the heir male of the body of the husband by any wife remainder to  the heir of the body of the husband by the first wife remainder equity case  abridge er p to the husband in fee with provision for the daughter of the  first marriage if no issue male husband have one daughter by the first wife  and no son the husband survive the first wife suffer a recovery and marry  again and take notice of the first marriage article in his second marriage  settlement which be date in by which these land be settle to the use of  himself for life remainder as to part to the use of his second wife for life  remainder to the first c son of the second marriage in tail male successive  remainder to trustee for year to raise pound for daughter of this second  marriage if no son remainder to the husband in fee and as to the other part of  the premise to the use of trustee for year in trust after the husband be death  to raise pound for the daughter of the first marriage and this be declare to  be in satisfaction of all money she be entitle to by the first marriage  article and in the mean time she to have pound per annum for her maintenance  remainder to the husband in fee three of the first wife be relation be party  to this second marriage settlement the husband have issue by this second  marriage three daughter but no son and die in August the question be here  Boeing notice of the first marriage article by which there be a limitation  after that to the heir male of the husband by any wife to the heir of his body  by his first wife equity case abridge whether this be in case of article shall  not be take as if the limitation have be to the daughter of the husband by his  first wife for then they can not be bar by the recovery but it be decree that  the daughter of the first marriage be not entitle by virtue of the limitation  in the first marriage article to the heir of the body of the husband by his  first wife Trin Powell and price econt in scacc will Rep it be say for the  plaintiff and resolve that though here be notice of the marriage article yet  the pound secure by the settlement on the second marriage be a actual  satisfaction of all demand by these article and though a limitation by article  to the heir male of the marriage after a express estate for life to the father  shall be take to mean a remainder to the first c son it do not follow that  such a limitation to the heir of the body must be equivalent to a remainder  limit to daughter especial in this case where they be postpone to the  limitation to the heir male of the body of the husband by any wife and where  there be a express pecuniary provision make for the daughter by the first wife  which be all they be to depend upon beside that son be of a different  consideration in equity from daughter they be to support the name of the  family which daughter do not also in the general course of marriage  Settlements daughter be provide for by pecuniary portion and not b land that  the legal estate be now in those who claim under the second marriage  settlement and have a equal equity it will be hard to take the benefit of the  law from they by rake into old stale article and disturb Settlements make on  valuable consideration as that in the present case be where the party have  both the law and equity on their side ibidem the case of west and Errissey  above be cite as decree in dom proc econt but it be resolve that there be a  diversity between that and the present case for in that case no portion be  provide for the daughter of the first marriage in the present case portion in  all event be secure to such daughter in west and Errissey after the limitation  in the article to the heir male of the body of the husband and wife with  remainder to the heir male of the body of the husband by any wife come the  remainder to the heir female of the body of the husband by the first wife c so  that the daughter be more immediate in the view and contemplation of the party  in that than in the present case ibidem it be observable as comens b say that  in the year when these article be make it be usual to construe a remainder to  the heir male of the body to mean and intend the first c son of the marriage  and if so it will be reasonable to interpret article accord to the time in  which they be execute neither ought length of time to make any alteration in  favour of the daughter by the first marriage who have what be then think and  agree upon to be a competent provision for her that it be a material  circumstance in favour of the second marriage settlement that three of the  first wife be relation be party thereto from whence it seem that by the  generate opinion of the relation of the first wife this pound in all event be  think a sufficient provision for the only daughter of the first marriage which  may reasonable induce the court to think so too and by the same reason that  the daughter by the first marriage will come in for the estate she may have  bar the second equity case abridge er p wife of her jointure and likewise her  daughter of their pecuniary portion which will be very hard ibidem wherefore  it be decree as above ibidem I hope I shall not be think too prolix my  abridgment of this case my intention be to lie before the reader the diversity  betwixt the present case and that of west and Errissey the point in each have  be determine upon great deliberation f where money agree TO be lie out in land  shall be pay TO the heir