Charles oaker and Eleanor his wife one of the daughter of richard spyer  plaintiff John Parrott and Judith his wife former the widow and executrix of  the say richard spyer defendant a freeman of London devise his part thus ff I  entrust it with my wife and to give it among my child as she shall think fit  the testator have a child by a former venture to who the mother in law give a  small part and the rest among her own child the court decree that the  distribution be unjust the testator Richard spyer be a citizen and freeman of  London and have issue the plaintiff Eleanor by one venture and daughter by the  defendant Judith and be seize and possess of a great real and personal estate  make his will date that Novem in these word after some legacy give report  tempt finch ff as for the rest of my estate one three part of it be due to my  child equal and therefore my will that the portion I give in advancement with  my marry child shall be account into their share to make their part equal with  the portion of my unmarried child one other d part belong to Judith my wife  and the other d part thereof which I have power to dispose the legacy which I  have give be first deduct I do intrust with my wife while she continue my  widow report tempt finch er p and if she remarry I will and desire her to give  unto my child the remainder of my say d part of my estate as she shall think  fit the testator make the say Judith his executrix and soon after die then she  prove the will and possess her self of the say estate and since intermarry  with the defendant John parrot and afterward she by deed Poll give to the  plaintiff Eleanor her husband be daughter by a former wife pound and to her  own child which she have by he videlicet to mary pound and to Elizabeth and  Sarah pound apiece and now the plaintiff exhibit their bill that Eleanor may  have a equal distribution with the other three child this case come by way of  appeal from a decree make by sir Thomas Jones against the plaintiff and their  counsel now insist for they that it appear in proof that the testator declare  he have make his old daughter equal with the rest of his child and that he  tell Judith that the say d part be a trust which he leave with her and that  she declare on her deathbed that she have take the say Eleanor as her own  child and often before that time promise she will make her equal with her own  daughter but since have say she shall have nothing but what she can get by law  the court be satisfy that it be the intention of the testator that all his  child shall have a equal share of the legatory part of his estate and that  since Judith have promise to make they all equal and there be no Act of  disobedience or any disobligation prove the Lord chancellor decree that the  distribution which Judith have make be unequal and unjust and therefore direct  a account to be take both of the legatory and orphanage part of the testator  estate and that there shall be a equal distribution make thereof among the say  child c