brend plaintiff brend defendant the father be seize of freehold and copyhold  land settle the same upon his second son and his issue male upon the death of  his old son without issue male and covenant to surrender his copyhold to those  use but instead thereof the surrender be enter on the roll to the use of the  heir general this surrender be vacate by a decree and a new surrender make  accord to the settlement sir Matthew Brend upon the marriage of his son Thomas  who be the plaintiff elder brother and late the father of the defendant settle  his freehold and copyhold land by one indenture tripartite c to the use of  himself for life and afterward to his wife for life remainder to the say  Thomas for life and then to his wife for life remainder to the issue male of  their two body remainder to trustee therein name for year to raise portion for  daughter if but one then to raise and pay pound to her if more than one then  the say to be divide among they and to be pay at the age of eighteen or  marriage remainder to the plaintiff who be the second son of the say sir  Matthew for life remainder to his son in tail and covenant to surrender his  copyhold to the say use Thomas who be the defendant father be dead without  issue male and smith the survive trustee of the say term of year and the  daughter of sir Matthew report tempt finch er p have the possession both of  the freehold and copyhold claim the late as heir general of sir Matthew find  the surrender thereof so enter but this be a mistake as it appear upon a trial  and verdict obtain at law and it be contrary to the intent and design of the  tripartite indenture the plaintiff exhibit his bill to have the surrender  vacate and a new one take and enrol pursuant to the say tripartite indenture  by which the inheritance of the say copyhold after the death of Thomas without  issue male be to come to the plaintiff and to his issue male and there be a  proviso in the say indenture that the person who shall have the inheritance in  reversion after the determination of the term for year shall within report  tempt finch one year after the commencement of the say term in possession pay  or secure the say pound portion and the maintenance of pound per annum to each  of the daughter till the same shall become due this can not be do if the two  estate shall be separate because the freehold of itself be not sufficient for  that purpose therefore the plaintiff offer that if he may be let into the  possession of both the freehold and copyhold he will not only pay the arrear  of maintenance but secure the portion of pound to be pay when it shall become  due the court decree that the say copyhold roll shall be vacate and that the  surrender of sir Matthew shall be enrol accord to the say tripartite indenture  and pursuant to the say verdict and that the plaintiff pave the say pound as  it shall become due and maintenance of pound in the mean time he the say smith  the survive trustee of the term shall convey the residue thereof to the  plaintiff or to who he shall appoint free from encumbrance by he or by any  claim under he and in the mean time the plaintiff shall hold and enjoy the  mansionhouse and premise and receive the profit thereof to his own use and the  say term for year and the judgement in ejectment which the plaintiff have give  by order of this court shall stand as a security for the say portion and  maintenance that smith the trustee shall give the plaintiff a letter of  attorney to receive the rend and to sue for the same in his name the better to  enable he to get the say rend and that if the plaintiff shall fail to pay the  future maintenance and portion as they shall become due then the injunction  which be at present continue shall stand dissolve and in such case the  plaintiff shall lie open to the law and to the proviso by which he be to pay  or secure the say maintenance and portion within a year after the death of  Thomas Brend of which he have already fail but can in equity be charge because  he be keep out of possession by the defendant