Bolton v Bolton in chancery that December vide fear v Ashwell swan Worrall v  Jacob mere a voluntary deed execute in favour of child without a power of  revocation be not revoke by a subsequent will a settle his estate on himself  for life remainder to his wife for life remainder to his first and other son  in tail and in default of such issue male limit a term of year to trustee to  raise pound a piece to his daughter remainder to his own right heir a have no  child but daughter and have the remainder to his own right heir execute a deed  by which after recite that he have promise to give to a gentleman who have  marry one of his daughter pound and his estate but that he have alter his mind  he charge his estate with pound a piece for all his child and give some other  legacy and bind himself and his heir c in the sum of pound to his child their  executor c if all his estate be not equal divide among they a afterward by his  will dispose of his estate in a very different manner from the last deed and  the bill be bring against the devisees and trustee of the will and to have the  deed carry into execution the question be whether the will be a revocation of  the deed the Lord chancellor Hardwicke as this be a deed formal execute in the  lifetime of a and a voluntary settlement without a power of revocation it will  not be subject to a revocation by the will for if it be there will be no  difference between a deed with a power of revocation and one without it the  case of Naldred v Gillam p W be where a old woman execute a voluntary  settlement of her estate which she always keep by her in favour of her nephew  a copy of this be surreptitious get by the nephew father the old woman change  her mind and make a different disposition by will and after her death a bill  be bring to set up the copy against the will and the master of the roll decree  the copy to be good because the original be lose but on a appeal to Lord  Macclesfield the decree be reverse for as it be only a voluntary settlement  and keep always by the party it must e presume she intend to have a power over  it and he refuse to show any kindness to a copy gain so fraudulent or to a  voluntary settlement under such circumstance and decree in favour of the will  because of the attendant circumstance as this deed be a provision for child  there be a kind of consideration for it and it ought to take place of all  othervoluntary settlement and therefore of the will but not of debt or other  settlement for a valuable consideration the defendant counsel urge that the  pound a piece secure to the daughter by the settlement be to be include and  make up a part of the pound and therefore what be not give to the daughter by  the deed be well devise by the will but the Lord chancellor say that a must  think that the pound a piece to his five daughter will exhaust his whole  estate and lest it shall he bind himself in the pound if all his estate shall  not be equal divide among his daughter decree account of the personal estate  and after payment of debt c let the surplus be equal divide among the five  daughter the plaintiff and also the real estate be divide among they as tenant  in common from Mr short Lord Colchesters ms