case chamber a infant under the age of twentyone year by his prochein any  plaintiff John chamber his father and Elizabeth his wife and his young brother  and sister and the earl of exeter defendant in court Lord chancellor Mr  solicitor general for the plaintiff William chamber on the marriage of his son  John the defendant with Elizabeth greenwood by article hear date the that of  July covenant to add pound to the portion of Elizabeth which be pound and that  the pound shall be pay into the hand of trustee to be invest in a purchase of  land to the use of John for life remainder to Elizabeth for life remainder to  trustee to preserve contingent remainder remainder to the first and every  other son of the marriage in tail male remainder to John in fee and two term  be to be limit to trustee one to raise pound for the portion of young child  Payable at twentyone or marriage or pound for the portion of a young child the  other for raise pound for the portion of daughter in case there be no issue  male of the marriage and the money be to be put out on government or other  security at the discretion of the trustee till a proper purchase can be find  and the interest of the money be to go as the profit of the land when purchase  and the father further covenant on or before the marriage to settle his  message and land in Derby to the use of himself for life without impeachment  of waste remainder as to part to Elizabeth his wife for life remainder of the  whole to the use of his son John and the heir male of his body remainder to  himself in fee the marriage take effect in the money which stand out in south  sea annuity be subscribe by the trustee into the south sea company and by the  loss of that year be reduce to about pound which have never be lie out in a  purchase William chamber have make no settlement the land in Derby on his  death descend on the defendant John who convey they to trustee and their heir  to the use of himself and the heir male of his body remainder to the heir of  William in fee mosely report and have since bar the entail by a common  recovery and the old son of John file this bill against the trustee his father  mother and brother and sister to have the money lie out in a purchase of land  to be settle pursuant to the article and the young child to abate in  proportion to the loss and the land in Derby convey in strict settlement this  loss must not fall on the trustee for not only the act of parliament  indemnities they but the article also authorize they to place out the money as  they please and therefore the justice of this case be that the young child  shall abate in proportion with the elder son and as by the article they be to  have pound which be one three of the whole money and if there be no son the  daughter be to have pound which be the half of the money so they ought to have  the same proportion of what be leave whereas if the young child be to have the  whole pound they will have twice as much as the plaintiff and the court will  not put this construction on the article so contrary to the intention of the  party and therefore as we be at first entitle to two three and they to one the  loss ought to be bear in that proportion mosely report er p the next question  be how the estate in Derby be to be settle John contend that by the article he  be to be tenant in tail and that he settle the land in that manner and have  since bar the entail by a common recovery if this be the meaning of the  article it be in vain to pray a settlement which he may destroy as soon as it  be create but this be a reason why the court shall not direct so vain a  settlement but a strict settlement to be make as have be do in many case as in  the case of west and Erisey by article of marriage land be covenant to be  settle on Richard Erisey for life without impeachment of waste remainder to  the heir male of the marriage remainder to the heir male of Richard Erisey by  any other wife remainder to the heir female of the marriage c with a power to  Richard to make lease and a settlement be make in the word of the article the  marriage take effect and Richard Erisey suffer common recovery of the land and  sell great part of they and devise the remainder and die without issue male  and the issue female of the marriage file a bill to have the land settle in  strict settlement accord to the intent of the article and to have a  satisfaction out of the asset of Richard Erisey for the land he sell the bill  be dismiss by the court of exchequer December the that but this decree be  reverse by the house of lord the that of February and a decree be make accord  to the prayer of the bill though the settlement be make before marriage mosely  report Mr attorneygeneral for the defendant the council for the plaintiff have  produce a instance where the loss have be decree to fall on one who have a  charge on the inheritance the charge be certain the value of the land to be  purchase be uncertain and the charge remain the same whether the land to be  purchase be of more or less value and the money be to be lie out in land be io  be consider as a real estate and if the land have be purchase and fall in  value yet this certain pecuniary charge must have be raise the money at the  time of the article be invest in south sea annuity which may fall in value yet  the party have not provide for a abatement if such a case happen suppose the  stock have rise accord to the expectation of the party the young child will  have be no gainer by the rise but the plaintiff will have have all the benefit  so by parity of reason he ought to hear the loss and if the money have be lie  out in land i escheat and other casual profit will have be his the general  rule relate to marriage article be that where land be covenant to be settle in  tail male a strict settlement shall be make if the intention of the party do  not appear to the contrary because otherwise they shall be suppose to have  mean such a settlement but in this case the party have declare their intention  to the contrary William chamber know what a strict settlement be and have  covenant that the land to be purchase shall be settle in that manner but when  he further covenant to settle his own land he have use a different form of  word which plain show his intention to be different and he have limit  different use of the same land he be make express tenant for life and John  tenant in tail and this construction of the word be accord to law and the  covenant be to settle on John and the heir male of his body general and not  say by his intend wife and so it be not to be consider as part of the marriage  contract but as a further advancement of his son Lord chancellor if the young  child happen to die before the age of twentyone year or marriage these  contingent portion will never become due suppose the money have be invest in a  purchase the young child will have have no advantage of any accidental profit  but be only entitle to the sum charge and in case of a loss will have have no  remedy against the heir but here the money be not yet lie out in a purchase  and a deficiency happen by place it out in a lawful way mosely report allow by  act of parliament which include the consent of eye one and the trustee have  also the authority of the party to dispose of it at their pleasure if any gain  have be make it will have go to all the child in proportion as have be often  adjudge in this court and now a loss have happen if the same proportion of  what remain be give to the young child they have all that be design they the  party to the article never design that they shall have two three of the money  but one three only and design to provide for all the child and therefore the  defendant must abate in proportion to the loss as to the other question where  a provision be make for child by marriage article the court will take care  that a effectual settlement be make on they but these land be not design as a  provision for the child but only the land to be mosely report er p settle in  strict settlement and therefore there be no reason to alter the nature and  quality of the estate which be express a estate in tail and the covenant be  say to be only in consideration of the marriage and not of the child vern  Tuesday June the d