case herne owner all versus Frederick herne may Lord keeper Eq can ab pl S c a  by marriage article agree to leave his wife pound and her jewel c but it be  declare that notwithstanding the article she shall not be debar of any thing  he shall give her by will a by will make a disposition of his whole estate and  give his wife the wife must either waive the article or the will she can claim  the benefit of both sir Joseph Herne on the marriage of the plaintiff agree by  article that his wife over and above onethird part of his personal estate  shall if she survive he have in money and the furniture of a chamber and her  jewel c and it be thereby further declare that notwithstanding any thing in  the article she shall not be debar of any thing sir Joseph shall give her by  will or write or other lawful declaration of his mind or intention and sir  Joseph have by his will devise to the plaintiff the sum of pound the plaintiff  therefore claim the pound c by the article and also the pound devise by the  will and reheard the cause as to that matter Lord chancellor it be true the  article do provide that the plaintiff shall have what her husband shall think  fit to give her more than the provision there make and give her a capacity to  take of her husband yet I be of opinion that she must either abide by the will  and renounce the article or abide by the article and renounce the will and she  can take by they Vernon chancery case both for although the pound devise by  the will be not mention to be in lieu of what be give by the article yet the  will import a disposition of his whole estate and allow what be intend for the  wife and what for the child and therefore imply a condition that she must  accept what be there give her in satisfaction of her demand if she will take  the benefit of the will she must suffer the will to be perform throughout and  as to the defendant Frederick Herne the old son who by the article be entitle  to a equal share of onethird of the personal estate he have pound devise to he  by the will and onethird of the estate be devise to the young child if he will  have the benefit of the will he must renounce the article and accept of what  be give by the will in lieu and satisfaction of what he may claim by the  article the bill in this case be to have the benefit of the article and also  of the will and also to have a account of several sum of money which be charge  by the bill to be in the hand of sir Joseph Herne at the time of his death in  trust for the plaintiff lady Herne and her child the provision by the article  as state in the register book be as follow by the say article the plaintiff  the lady Herne be to have one full three part of all sir josephs real estate  in case she survive he and one Vernon chancery case er p full three part of  all his household good stock and personal estate over and beside her wear  apparel and jewel and pound for the furniture of her chamber and shall be  likewise capable of take any legacy or gift by the will of her say husband or  by any write or declaration of his mind it be then state that sir Joseph in  his lifetime put out several sum of money in trust for the plaintiff who be  the say lady Herne and the young child of the say marriage amount to pound S d  beside a bind for pound enter into by one William Gosfright to the say sir  Joseph and which bind he the say sir Joseph endorse to belong to the plaintiff  lady Herne and that the say sir Joseph do in his book of account keep a  particular account of the say money under his own hand and how much belong to  and be the proper money of or in trust for the say plaintiff respective which  account he sign and it be solemnly attest and he declare that pound S d part  of the say pound S d do belong to the plaintiff the lady Herne or be in trust  for her and promise payment of the same with interest at per cent and do by  the say account declare the same to be no part of his estate but a debt on it  that the say sir Joseph Herne make his will that February and thereby inter  alian give to the plaintiff the lady Herne his house in Coleman street wherein  he dwell as long as she continue a widow and likewise give to her all such  jewel as she have then in her own possession and likewise pound in money and  give pound to the defendant Frederick Herne and devise that all the residue of  his plate jewel household good and personal estate whatsoever shall be convert  into money and that onethird part thereof shall be pay to the plaintiff lady  Herne in satisfaction of her share of the personal estate provide for her by  the say article the other twothirds to the young child and of his say will  make the plaintiff lady Herne and the defendant Frederick Herne and another  defendant executor which will be afterward confirm by a act of parliament with  a save to the plaintiff lady Herne of the benefit of her marriage article  which be not to be prejudice thereby there be a cross bill for a account of  sir josephs real and personal estate and the decree on the first hear was That  the say article and will shall be perform and that what by the say will be  specifical devise to the plaintiff the lady Herne shall be by her hold and  enjoy accord and that she shall hold and enjoy the house in colemanstreet  accord to the say will and that she shall be pay the pound legacy with  interest from the time of the bill exhibit but the say pound and interest be  to be in full of the pound provide for her by the article for her chamber and  the plaintiff lady Herne jewel be thereby decree to her and a three part of  the good stock and personal estate and also that onethird part of the rend and  profit of the say testator real estate since the time of his death shall be  pay to the plaintiff lady Herne and that she shall likewise hold onethird part  of the testator real estate pursuant to the say article or shall be pay  onethird part of the rend and profit of the say real estate for the future  during her life at her election but as to the money due on Mr Gosfrights bind  and the money due to the plaintiff lady Herne on the account aforesaid saint  Aug the bill be dismiss the petition of rehear be on the ground in it all of  the direction touch the pound for the chamber Gosfrights bind the account and  the pound legacy to the defendant Frederick Herne and reheard d may where  decree as above Reg lib a fol on the point of double satisfaction vide  goodfellow v Burchett ante p and case cite in not at p there et vide also  annand v honeywood ante Vol Tunbridge v feather ibidem and case cite in not  there respective and further Streatfield v Streatfield Forr