case heather v rider may the that easter term a give a annuity of pound to his  daughter and the heir of her body quarterly without any abatement b the  survive executor of a give to the daughter of a and her daughter a annuity of  pound by his will to be pay quarterly without any abatement out of his  freehold house in Holborn and if they die without issue then to return to the  plaintiff his heir and by endorsement upon the will with a pencil say I hope  this pound will not be take for another pound annuity but to confirm the pound  per and her father leave her and her daughter Edward heather the grandfather  of the plaintiff be seize in fee of several freehold estate and likewise  possess of leasehold estate and also of a considerable personal estate by his  will bequeathe a annuity of pound to his daughter whether hunter ford and the  heir of her body quarterly without any abatement and in case she die without  issue then to his two son Edward and William who he make his executor William  heather die intestate and leave issue Edward the plaintiff and three other  child Edward heather the uncle by his will give a annuity of pound to his  sister whether Hunterford and her daughter after her to be pay quarterly  without any abatement out of his freehold house in Holborn but in case they  die without issue then the say pound per annum to return to his nephew the  plaintiff and give he beside all his real estate which he have from his father  and by a codicil say I hope the pound to my sister Hunterford herein will not  be take for another pound a year but to settle and confirm the pound per annum  her father leave her and her daughter and if they die without issue let it  come to my heir Edward heather the codicil be not execute accord to the  statute of fraud and perjury for it be only a endorsement upon the back of the  will and with a pencil the question be whether these be to be consider as two  distinct annuity atkins Lord chancellor the testator intention be most plain  if the court can take notice of it by the endorsement that his sister shall  have only one annuity and that he be only Willing to confirm and settle it on  a more secure fund than a fluctuate personal estate by charge it on his real  estate which be not do by the father will if it have be insert in the will  there can have be no doubt but as nothing can be take either to enlarge or  diminish what affect a real estate unless it be execute accord to the statute  of fraud and perjury and as the testator have not Complied with the direction  of that statute this endorsement can be of any weight I very much question if  this last annuity can be take as a satisfaction of the annuity give by the  father will it be charge on a different fund and give in another manner for  regard have be always have to the particular circumstance limitation and fund  out of which legacy be to arise yet I think she be not entitle to both annuity  but not so much on account of the codicil as by way of exoneration of the  personal estate of the father re be the only person Chargeable by way of  personal demand and may by codicil or testamentary schedule which affect a  personal estate accord to the rule in the civil law direct that in case his  sister shall take the annuity under his will she shall not have it out of his  father personal estate but that his personal estate shall be discharge  therefrom and take it in that light it do not contradict the statute of fraud  and perjury and for that reason his lordship alter sir Joseph jekyll decree  Reg lib a fol this case seem to have be determine upon the same principle as  that of Newman v Newman bro Charles Rep