case Lord TYRCONNELL and other against the duke of ancaster Lincoln inn hall  that July power to jointure land of the clear yearly value c mean clear of  encumbrance charge and outgo not accord to the custom of the county do not  mean clear of landtax power to husband to settle a pound for every pound of  the wife portion No large sum can be settle than such as be in that proportion  to the sum bring by the wife but the whole of the portion need not be actual  receive by the husband it be sufficient if it be settle for the benefit of the  family the judgement in this case be give much more full in the report in  vesey than in ambler lib Reg a foe nom Brownlow v duke of Ancaster S c Ves sen  sir Brownlow Sherrard by will that may devise the manor of Lobthorpe c in  Lincolnshire to his son Brownlow for life remainder to his first and other son  in tail male with remainder over with power for his son respective when in  possession to appoint any part of the premise to the use of any wife they  shall marry for her life as her jointure not exceed the clear yearly value of  pound for every thousand which he shall receive as her portion upon the  marriage and so in proportion and direct his personal estate shall be lie out  in land there be also a power to charge with pound for young child the  plaintiff lady Sherrard before her marriage be entitle to pound secure by a  term of year on a estate ambler in Norfolk and other money to the amount of  pound on that July sir Brownlow Sherrard the son in consideration of the  marriage intend with her and her portion of pound do by virtue of his power  limit the manor of Lobthorpe and other estate as of the clear value of pound  ayear to her for life and covenant to settle pound ayear more and in the same  deed it be agree that the trustee of the year term shall stand possess of the  term and of the pound in trust as to pound for sir Brownlow the son and as to  the pound residue upon trust to place the same at interest for the benefit of  the daughter and young son of the marriage and to permit sir Brownlow to  receive the interest during his life and in case there shall be no such young  child then to pay the pound unto the survivor of sir Brownlow and his wife  heal so charge the estate with pound for young child under the power there be  no issue of the marriage and lady Sherrard survive her husband and the estate  in settlement have sink in their value and be subject to landtax c lady  Sherrard bring a bill to have the deficiency make up and also to have pound  ayear more settle upon her accord to the covenant cross bill by the person in  remainder under sir Brownlows will impeach the value of lady Sherrards fortune  and that if a great settlement have be make than the power warrant that a new  settlement may be make Lord Hardwicke chancellor two question saint how many  thousand pound sir Brownlow have receive as lady Sherrards fortune and how  many hundred pound ayear he ought to settle on her d of what the estate to be  settledought to be clear and that take in two question saint at what period of  time the value of the estate be to be estimate d from what they ought to be  clear as to saint I be very clear he ought to be consider to have receive  pound her portion be undoubted so much ambler objection by the event that have  happen pound of her fortune have not be receive by sir Brownlow her husband  consequent no jointure ought to be make for that I agree in such case the  transaction must be fair a nominal portion be not sufficient nor if the  husband or his friend advance money to make up the slim and it be afterward  repay nor if her portion be settle to her separate use lane v page ante the  view of make such power be that the person may marry provident and not burden  the estate with a jointure for a woman that bring nothing but where the  portion be settle in a proper and reasonable manner for the benefit of the  family in a fair way of contract that be not within the reason of the case on  fraud and collusion it be not settle on her at all event though if it have the  husband will have take it if he have survive her if it have be to the husband  for life and ambler er p afterward to her that have be a strong case but it  will be very mischievous to construe this case so for it will be to put it out  of his power to provide for his family with it in a reasonable way and yet  enable he to waste and squander it away d question depend on the meaning of  the word clear yearly value and at what time I have no doubt the value must be  take as at the time of make the settlement and execution of the power see ante  Vernon v Vernon p Pinnel v Hullet ante speak v speak vern marchioness of Bland  ford v duchess of Marlborough atk but see lady Londonderry v wain post see  Sugd on pow and so I determine in the case of the marchioness of Blandford v  the duchess of Marlborough not only as to the quantum of the jointure but as  to the quantum of the landtax from which it be to be exonerate that be at the  rate it be at that time for otherwise the alteration of the landtax will vary  the quantum of the jointure and will produce endless dispute Q from what  charge the estate settle ought to be exempt that depend on the word clear  yearly value ambler in lady blandford case it be express direct to be clear of  tax otherwise I shall not have think that it will be clear of landtax by  virtue of the word charge or reprize I be of opinion the word in this case do  not extend to landtax the word clear shall be construe in the power as it will  in a agreement between buyer and seller that be clear of all outgo encumbrance  and extraordinary charge not accord to the custom of the country as tithe  poorrate churchrate c which be natural charge on the tenant if in the country  where these estate lie it have be the custom for the landlord to pay those  rate I shall have think this jointure ought to be subject to they for they  will in such case be only ordinary charge but the contrary be prove that it be  not the custom of the country and though sir Brownlow Sherrard enter into such  agreement with his tenant yet the plaintiff shall have the estate exempt from  those charge see Villareal v Lord Galway bro c c p note S c post in the note  in bro it be say that in Brewster v kitchen Lord raym S c salk a clear annuity  be hold to be free from the landtax but accord to the report of that case in  salk there be a covenant for payment clear of all tax which word clear embrace  the landtax see champernon v champernon dougl cite in Bradbury v wright dougl  decree cross bill dismiss and his lordship do declare that the portion of the  plaintiff lady Sherrard be to be consider as pound within the true intent and  meaning of the power create by the say will and that she be entitle to a  jointure in land and tenement not exceed in the whole the clear yearly value  of pound at the time of the settlement make that be to say clear of  encumbrance and all other charge which by the course and usage of the country  in which the land lie ought to be bear by the tenant and not by the landlord  and subject to the landtax and all such other outgo as by the course of the  country ought to be bear by the landlord and his lordship do declare the  Lobthorpe estate and premise comprise in the settlement of the that of July  upon the evidence lie before he ought to be consider as of the clear yearly  value of pound accord to the rule aforesaid and do order that so much on the  original bill as seek to have any deficiency in or the land and promise  comprise in the say settlement of July supply and to have the same make up of  the yearly value of pound be dismiss case ex part king Lincoln inn hall that  Aug court will not discharge supplicavit on affidavit deny the fact nor in any  case but where combination and contrivance appear see the order on issue the  original writ in this case Ves b in note from the register book see post and  case in note there S c Ves sen the king v Lord lee lev the king v Lord vane in  king bench hill on motion to discharge supplicavit for beat and threaten his  wife Lord chancellor Hardwicke say that in no case will the court of chancery  discharge a supplicavit or a court of law discharge article of peace but where  there appear to ambler er p be a combination and contrivance the deny the fact  have no avail for the court will not try they on affidavit and if they do the  person of the party will be in danger in the mean time in this case the  husband swear that his wife have within a few day pass and since the time of  the fact and threat complain of dine and sup with he and that she make no  complaint of his usage but seem very well satisfy with his behaviour which  part of his affidavit be verify by two other person who be in company with  they but Lord chancellor say he lie no weight on that circumstance for she may  take no notice of his abuse in order to prevent his suspect her intention to  make application to this court ambler it be swear that Mr king have a estate  of pound ayear and a case be mention where the court order the person complain  of who be a man of fortune to give security in pound Lord chancellor order Mr  king to give security himself in pound and his surety pound each