case randal versus randal Lord chancellor king Eq can ab pl feme seize of a  copyhold on marriage of her daughter to I S surrender it to the use of I S and  his intend wife and the heir of their body remainder to I S in fee the  marriage take effect the husband sign a write whereby he own that the  limitation of the remainder in fee to he be a mistake and that it be intend to  be to the wife and accord covenant to stand seize of the remainder in fee in  trust for the wife in fee this be not a mere voluntary covenant and equity  will compel the performance of it a feme seize of the reversion in fee of a  copyhold estate in Norfolk expectant on her father death and have agree to  marry her daughter to b article to pay to b at the say marriage pound and  surrender the copyhold premise within two month after her father death to the  use of b her intend soninlaw and his heir upon which surrender the father of b  article to pay her pound and by the same article peer William covenant to  settle certain freehold land of about pound per annum to the use of his son  and his intend wife for their life remainder to the heir of their body  remainder to the son in fee which settlement the father accord make the mother  surrender the copyhold to the use of the husband the sonin law in fee and the  marriage have take effect soon afterward the husband and wife and the wife  mother go to a attorney in the neighbourhood and inform he that there have be  a mistake in the mother surrender the copyhold to the use of the husband and  his heir for that it be intend to settle the same upon the husband and wife  and the heir of their two body remainder to the heir of the wife and that it  be reasonable it shall be so settle it be the wife mother inheritance  wherefore they desire the attorney to rectify this mistake but the husband  withal desire it may not be peer William er p do by way of surrender because  this may probable come to the knowledge of the husband father of who the  husband be in great awe and who be a passionate and severe man towards he upon  this the attorney draw a deed recite the former surrender make by the mother  of these copyhold premise to the use of the husband in fee but take notice at  the same time that this be a mistake it be intend to be settle on the husband  and wife and the heir of their body remainder to the heir of the wife  wherefore the husband covenant that he will stand seize of the copyhold  premise in trust for himself and his wife for their life remainder in trust to  the heir of their two body remainder in trust for the wife and her heir with a  covenant from the husband to convey the premise to these use the husband have  issue by his wife a daughter and have peer William upon his admittance to the  copyhold premise surrender they to the use of his will be prevail upon soon  after by his father to make a will and thereby devise this copyhold to his  father and his heir the husband die and the wife and her daughter bring this  bill against the father of the husband insist the mother be impose upon by  these article and the intention be that the copyhold shall be surrender to the  use of the husband and wife in tail remainder to the wife in fee that to  rectify this mistake the deed of trust be make and therefore the plaintiff  pray that the husband father have get the legal estate of the copyhold by his  son will shall convey it accord to the use or trust in the deed of trust  against which it be urge by the defendant counsel saint that there be no proof  of the mother be impose upon by the article but on the contrary the mother be  to have and do actual receive from the father upon the make this surrender  pound consideration and it be dangerous to admit of parole proof in  contradiction to the plain and express word of write article quod our to go  away dly that this deed of trust be gain undue by the mother of the wife from  her soninlaw the husband and be plain a voluntary deed ought not to be make  good in equity Lord chancellor take time till the next day to consider of it  and the cause then come on Mr solicitor general Talbot insist on behalf of the  plaintiff that equity follow the law in this case and as at law though a  promise without a consideration be naked bargain and not sueable yet a peer  William deed or covenant to pay money or to do any act have the solemnity of a  deed do import a consideration and as it be sueable at law so it be also in  equity unless it be to do something vain and unequitable accord in vern beard  versus Nuthal it be say per cur that a agreement though voluntary yet if under  hand and sea ought to be decree in a court of equity so in the case of husband  and pollard Feb a father possess of a term for year hold of the church and  renewable every seven year assign this lease to his son in trust for himself  for life remainder in trust for the son his executor administrator and assign  and the father covenant to renew the lease every seven year as long as he  shall live the son die and the seven year pass upon which the executor of the  son bring a bill to compel the father to renew the lease and decree that the  father shall at his own expense renew it though this be a voluntary covenant  and the bill have be bring by the executor who seem to be out of the  consideration of blood which may have support the covenant as to the son  likewise the case of wiseman v roper car Chan Rep where a voluntary covenant  to make a settlement in the follow extraordinary case be by the court carry  into execution a have marry a wife without his father consent and the uncle of  a with a intent to reconcile he to his father and for natural affection  covenant that in case the manor of dale shall descend to the uncle from his  father then the uncle will settle it upon himself for life with remainder to  his nephew and his wife for their life remainder over the manor of dale do  descend to the uncle and the son and his wife bring a bill to compel the uncle  to settle this manor who be decree to settle it accord though this be a  voluntary covenant and what occasion the great peer William question and the  search into precedent be its be a covenant to settle a bare possibility a  estate before he have it which the uncle may never have but notwithstanding a  specific performance be decree even of this covenant on the other side some  precedent be cite where in case either of a voluntary conveyance or covenant  equity will not help a defect in the one or decree a specific peer William er  p execution of the other and the case of Fursacre versus Robinson prece in  Chan be mention where a man make a detective conveyance of a copyhold to his  bastard child with a covenant for further assurance on a bill bring and hear  before the master of the roll and upon appeal before Lord chancellor Cowper  both the master of the roll and the Lord chancellor dismiss the bill in regard  it be a mere voluntary conveyance though every one even at commonlaw ought to  maintain his own natural child Lord chancellor I will not enter into the  consideration whether a court of equity will assist and make good a voluntary  conveyance when possible precedent may be both way but I do not think this a  mere voluntary conveyance for when the husband of the daughter do by deed  under his hand and seal declare that he intend this copyhold in question shall  have be settle on himself and his wife and the heir of their two body with  remainder to the heir of the wife and to rectify the mistake that have be make  in the limitation and in consideration of natural love and affection the  husband covenant to stand seize of this copyhold in trust for himself for life  then to his wife for life and to the heir of their body remainder to the heir  of the wife I say when the husband under his hand recite what his intent be  and that the conveyance of the copyhold in a different peer William manner be  a mistake I must take the husband intention to be as he himself recite it take  this to be so and that it be a mistake to make a conveyance of the copyhold in  a different manner then it be but justice in the husband to rectify this  mistake and settle the copyhold as be at first intend by the party so the  court decree the devisee the father to settle the copyhold premise accord to  the limitation of the trust in the deed to the husband and wife for their life  remainder to the heir of the body of the husband and wife remainder to the  wife in fee Reg lib b fol