case claire ux versus Berkeley ux all and e contra Lord chancellor Eq can ab  pl pl S c a devise land in trust to permit his daughter Susan to receive the  rend until her marriage or death and in case she marry with the consent of  trustee then to convey the premise to her and her heir but if she die before  marriage or marry without such consent then to convey to other person Susan  afterward marry with the consent of her father who settle part of the land on  his daughter and her husband and die this settlement be no revocation of the  will as to the devise of the other land to Susan George Bohun have issue four  daughter and no male issue that July devise his message call Newhouse and the  park and other land adjoin to four trustee upon trust to permit his daughter  Susan now the wife of Mr clarke to receive the rend and profit until her death  or marriage and in case she marry with the consent of two of the trustee and  of her mother then to convey unto her and her heir or to such person as she  shall appoint but if she die before marriage or marry without such consent  then the trustee to convey those land to the same use as he have devise his  other land by his will on the doctrine of limitation of this nature vide  jervois v duke ante vol creagh ux v Wilson all ante p and case cite in not  there Susan afterward in the lifetime of her father and with his consent marry  with the plaintiff Mr clarke and the testator upon her marriage convey to Mr  clarke Newhouse and park and other land part of the TrustEstate and die have  make such will as aforesaid Vernon chancery case the bill be bring by Mr  clarke and his wife against the trustee and the other three daughter to have  the residue of the TrustEstate convey to the plaintiff Susan accord to the  will it be insist by the defendant that the testator have in his lifetime  prefer his daughter Susan in marriage and give her a portion by convey part of  the TrustEstate to her husband and that in present possession that amount to a  revocation of the devise the land devise to her be intend as a portion to  advance her in marriage and the conveyance to her of the great part although  not of the whole in present possession upon the marriage be a equivalent and  as good a portion as the whole will have be after the testator decease and it  be also insist by the defendant that she can not take by the will the devise  be on a condition precedent that she marry with the consent of the trustee and  her mother in her widowhood and no such consent be have she marry in her  father lifetime when the trustee have no estate or trust and the conveyance be  to have be make on her marriage and the devise be ground only upon a  supposition of a marriage to he have after the testator decease which do not  happen Lord chancellor decree a conveyance accord to the will declare that the  marriage do not work a revocation except as to such part of the land devise as  be settle on the say marriage r l and as to the condition in the will of her  have the consent of the trustee and of her mother that be dispense with by  have the testator own consent which be more to be regard than any consent of  trustee to who he have delegate a power to consent in case of a marriage after  his decease Reg lib a fol on the doctrine of revocation in general vide  Perkins all v walker all ante vol hall v Dench ibidem and case cite in not  there respective Burtenshaw v Gilbert Cowp p and as to the ground of partition  mere as such not be a revocation and which be lie down in attorneygeneral v  vigour Ves that be fortify by maundrell v maundrell Ves but with this  distinction that where a partition be make and in the mode of do it the  devisor convey to such use as he shall appoint and in default of appointment  to himself in fee that be a revocation there be a purpose beyond the partition  videlicet the power of appointment Vernon chancery case er p