case Lord viscount teviot versus lady spencer all econt February in court all  the commissioner Eq Abr c S a man have issue a son and four daughter he settle  land on himself for life remainder for year for raise pound daughter portion  pound whereof to be pay the old remainder to the son in tail remainder to  himself in fee the son die without issue and after the father devise the land  to his four daughter equal yet hold that the old shall have pound more than  any of the rest sir Thomas Spenser by fine and recovery and deed date may car  settle the manor of you c on himself for life and after on sir Benjamin Maddox  and other for year to commence from his death and after that lease on William  Spenser his son in tail with remainder to his own right heir and the trust of  the term be thereby declare to be for raise pound videlicet pound for the old  daughter of sir Thomas that shall be unmarried at the time of his death and to  be pay at her age of year or marriage which shall first happen and the other  pound to be equal divide among his young child to be pay at their respective  age of year or day of marriage which shall first happen and in the deed there  be a proviso that if William Spenser or any issue male of his body shall pay  or secure the pound accord to the deed then the lease to be void afterward  William the son die and after sir Thomas have no other son make his will and  thereby devise the manor of you c to his wife for life for increase of her  jointure and she to pay pound per annum to his sister c and afterward in the  will there be this clause and thereby declare that I leave my land of  inheritance to descend to my daughter as my heir at precedent in chancery law  on account of my die without issue male of my body and that the land hereby  give to my wife or settle in jointure on her former shall not be charge with  any portion or sum of money to my say daughter by virtue of any former  marriage settlement make by I sir Thomas die leave issue four daughter all  unmarried the old daughter afterward marry the plaintiff and this bill be  bring against the lady Spenser and the other three daughter and their husband  and the trustee to have the benefit of this term and to have the pound raise  and pay to the plaintiff the defendant insist that the settlement make by sir  Thomas be only intend to be a provision for daughter in case he have leave  issue male and that fail it ought to in equity to be set aside and no use to  be make of it and the rather that sir Thomas precedent in chancery er p who  have a absolute power to dispose of the inheritance as he think fit have by  his will declare that his land shall not be charge with any marriage portion  or sum of money for his daughter but that they shall have equal benefit of it  and their cross bill be to the same purpose but the lord commissioner be all  clear of opinion that the plaintiff must have pound more than the other sister  and that if the other three sister do not agree to pay her three four part of  that pound out of their share of the land then the trustee be to raise the  money accord to their power and the lady Spenser be to be reimburse out of the  inheritance what her estate for life shall be damnified in this matter