case ENGLEFEILD versus ENGLEFEILD see Bellamy V Sabine Ph maii in court Lord  chancellor if a contingent remainder be destroy by a legal conveyance and that  conveyance be obtain by fraud equity will relieve against it sir Thomas  Englefeild the plaintiff father be seize of a estate for his life in the  reversion of two estate the one in Leicestershire and the other in Wiltshire  each of about the value of pound per annum expectant upon the death of two  jointresses remainder to his first and other son in tail remainder in like  manner to his next brother the now defendant and though he be thus entitle to  the reversion of these great estate expectant on the death of the jointresses  sir Robert howard lady have all the Wiltshire estate in jointure and dame  Englefeild all the Leicester shire estate in jointure to her post case yet he  have little or nothing in present and have be some time in prison for debt and  have former be marry but never have any issue and be sixty year old and not  intend to marry again the Wiltshire estate be sell to sir Robert Howard and  out of the purchasemoney pound be pay to the defendant for his interest  therein and the now defendant agree with sir Thomas Englefeild his elder  brother to pay he down in hand and to pay he pound per annum Vernon chancery  case during his life to commence from the death of the lady Englefeild the  jointress who estate the defendant also buy in for without her the plaintiff  father have bare a estate for life expectant on her death he can not make a  good tenant to the precipe and after several treaty have at last a final  agreement be make wherein sir Jeffere palmer be consult between the two  brother upon the term aforesaid and lady Englefeilds estate be buy in a common  recovery be suffer and fine levy and the defendant be in actual possession of  the estate after this sir Thomas marry a young wife and by her in his old age  have issue the now plaintiff and then bring a bill in the Lord keeper  Bridgemans time to be relieve against this agreement and the conveyance make  pursuant thereunto thereby suggest that he be defraud and circumvent which  bill be to the same effect with the plaintiff now bill and upon a solemn hear  that bill be dismiss it appear that a order date that February car two be  obtain for dismiss the bill but that by a order date that April and Jas two it  be order that the bill shall be retain the say bill be file during the life of  lady Englefeild the jointress r l and for the defendant it be now strong  insist that although the plaintiff come in as remainderman so that in  strictness a dismission of the plaintiff S father bill be not pleadable in bar  to the now plaintiff bill yet certain if there be not ground to relieve the  father the now plaintiff can be relieve upon any pretence of fraud which be  personal and if any fraud be do to any one it be to the father and not to the  plaintiff who be not then in be nor be his estate of any consideration in the  law but be pure contingent and well and sufficient destroy by the common  recovery before the plaintiff be bear that the contract and agreement be make  by the consent of all the friend and relation and with great deliberation sir  Jeffere palmer have be all along consult in it and do by his advice and be  reasonable and natural sir Thomas be then sixty year of age never have have  any child though former marry and then a widower and want Vernon chancery case  er p a present subsistence that the badge of fraud Vernon chancery case assign  by the plaintiff receive as they think a clear answer and be in issue in the  former cause and now after twenty year enjoyment under this agreement and  purchase it be insist there be little ground for the plaintiff to destroy it  upon pretence of fraud but no length of time will bar a fraud cottrel v  purchase forest Bacon tract say vide distinction take as to trust by  implication Townshend v Townshend bro Ch Rep dorm v fortescue atk hercy v  Ballard bro Ch Rep where account of rend and profit as against trustee confine  to six year Pettiward v Prescott Ves where account of rend and profit as  against trustee confine to time of fill the bill on account of laches in  beneficiary and trust when the fraud if any be in relation to the plaintiff  father only who bill be dismiss and the plaintiff contingent estate well and  sufficient destroy by a legal conveyance aid his father may if he have please  have give this estate to his brother and the plaintiff can never have avoid it  the court be of opinion upon the read of the article that this conveyance be  obtain by fraud and as to the objection that the plaintiff estate be  contingent and absolute destroy by a legal conveyance that will not be  material for if the conveyance be obtain by fraud it be the same in equity as  if no conveyance have ever be make and therefore declare they will decree it  for the plaintiff unless better cause be show Reg lib a fol Vernon chancery  case de boundary paschae James two in curian porter