case Powell versus price all e contra in scacc Eq can ab pl article on  marriage to settle land on husband and wife for their life remainder to the  first c son of the marriage 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 to the husband in fee with provision for the daughter of  the first marriage if no son husband have one daughter by the first wife  suffer a recovery and marry a second wife and take notice of the first  marriage article in his second marriage settlement the daughter by the first  marriage bar by this recovery upon sir Thomas powell marriage with Elizabeth  Mansell and in consideration of it and of pound portion by article date the d  of march for make provision for the issue of that peer William marriage sir  Thomas Powell covenant for the wife trustee to make do or execute one or more  conveyance of the premise in question in Carmarthenshire and for the better  direct the make of the say settlement to the use of himself for life without  waste remainder to trustee and their heir during his life to preserve  contingent remainder remainder as to part to Elizabeth the wife for her  jointure remainder as to the whole to the use of the first c son of the  marriage in tail male successive remainder to the heir male of his own body I  e by any wife remainder to the heir of his body by his say wife Elizabeth and  for want of such issue remainder to the right heir of sir Thomas Powell  himself in which article there be a clause empower sir Thomas Powell and his  lady to make lease at the old rend also a clause that if sir Thomas Powell  shall die without issue male by Elizabeth and there shall be daughter if but  one daughter then such daughter shall have the sum of pound if more daughter  than one pound among they and this be agree to be secure on some part of the  estate the fact happen to be that there be but one daughter by this marriage  Elizabeth marry to the defendant sir John price and no son sir Thomas Powell  survive his first wife Elizabeth and intend to marry a second wife Judith the  daughter of sir James Herbert suffer a common recovery peer William er p of  the premise and by lease and release date the July settle his whole estate 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 peer William  daughter of the marriage if no son remainder to sir Thomas Powell in fee as to  the other part of the premise to the use of trustee for ninetynine year in  trust after sir Thomas powell death to raise pound for Elizabeth daughter of  sir Thomas Powell by the first marriage now lady price and this be declare to  be in satisfaction of all money she be entitle to by the first marriage  article and in the meantime she to have pound per annum for her maintenance  remainder to sir Thomas Powell and his heir three of the Mansells relation of  the first wife be party to this second marriage settlement sir Thomas Powell  have issue three daughter by his second wife but no son and die in August the  question be here be notice of the first marriage article by which there be a  limitation after that to the heir male of sir Thomas Powell by any wife to the  heir of the body of sir Thomas by Elizabeth his first wife whether this be in  case of article shall not be take as if the limitation have be to the daughter  of sir Thomas Powell by his first wife for then they can not be bar by the  recovery for sir John price and his lady it be insist that her mother and the  issue of the marriage and consequent the lady price as be the only child of  the marriage be purchaser in consideration of the marriage and the mother  portion of pound that the limitation to the heir of the body of sir Thomas  Powell by Elizabeth his first wife be by way of article must be the same as if  it have be to the daughter for it can not be intend in favour of the son of  that marriage there be a express limitation before to they and though if this  have be in a settlement there be a precedent peer William limitation for life  to sir Thomas Powell it will have be a estatetail in he and barrable by the  common recovery yet it be otherwise where it rest upon article for in that  case a express estate for life be limit to the husband as here such express  estate exclude the raise or vest of any different estate in he by virtue of  any limitation to the heir of his body and so it be determine in the case of  west and Errissey see ante which though adjudge in the exchequer contrary to  what be now labour for yet that judgement be reverse in the house of lord  likewise in the case of Trevor and Trevor see vol decree first by Lord  chancellor Macclesfield and afterward affirm in the house of lord as also vern  Leonard versus earl of Sussex and white versus Thornborough vern it be admit  there be a prior limitation in the article to the heir male of the body of sir  Thomas Powell by any wife but this be by way of article must have the same  construction as if it have be to the son of sir Thomas by any wife and the  subsequent limitation be to the heir of the body of sir Thomas Powell by  Elizabeth his first wife so that the daughter by the first wife be then in  view their further advancement upon the contingency of failure of issue male  in contemplation of the party and the benefit of such contingency be to be a  addition to their portion and may well be intend to make it up equal to what  their mother bring which be pound and though there be a portion of pound for  one daughter and pound for more daughter by the first marriage yet this be a  provision which be to come to they in all event but then the daughter by the  first marriage be to have the benefit of this contingency beside to have the  land if there be no son which will be some compensation for the smallness of  their portion peer William it be also admit that if the trustee or second wife  have no notice of the article make on the first marriage then their be  purchaser without notice will have be a bar to the plaintiff claim by the  article on the other side it be say 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 baby of sir Thomas  Powell by any wife and where there be a express pecuniary provision make for  the daughter by the first wife which be all thesaid daughter be to depend upon  beside that son be of a different consideration in equity from peer William er  p daughter they be to support the name of the family which daughter do not  also in the general course of marriage settlement daughter be provide for by  pecuniary portion and not by 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 settlement make on valuable consideration as that in the present  case be where the party have both the law and equity on their side as to the  case of west versus Errissey that it peer William be true be adjudge in the  house of lord contrary to the decree make here in the exchequer yet if there  shall be any difference betwixt that and the present case there may be reason  to lie hold of it now there be this diversity in the case of west versus  Errissey 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 versus  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 beside which  it be observable as Mr baron comens 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 prov settlement that three of the Mansells relation to the first wife  be party thereto from whence it seem that by the general opinion of the  relation of sir Thomas powell first wife this pound in all event be think a  sufficient provision for lady price the only daughter by the first marriage  which may reasonable induce the court to think so too peer William and by the  same reason lady price will come in for the estate she may have bar the second  wife of sir Thomas Powell of her jointure if she have be live and likewise her  daughter of their pecuniary portion which will be very hard wherefore it be  decree that lady price be not entitle to the premise in question by virtue of  the limitation in the first marriage article to the heir of the body of sir  Thomas Powell by his first wife vide west v Errissey ante heart v Middlehurst  atk