case henry clavering plaintiff sir james clavering all defendant refer to Ker  v Ker I r Eq in re Jones Farrington v forester Ch Eq can ab pl pre Ch S c a in  make a voluntary settlement of a estate subject to some annuity in trust for  his grandson and his heir and afterward in he make another voluntary  settlement of the same estate to the use of his old son for life and to his  first c son in tail with remainder over and by will give a considerable estate  to his grandson although it be prove that a always keep the settlement of in  his custody and never publish it and it be after his death find among waste  paper and the deed of be often mention by he and he tell the tenant the  plaintiff be to be their landlord after his death yet the son can not be  relieve against the first settlement old sir James Clavering have three son  John James and the plaintiff Henry in settle six hundred pound per and on John  his old son and have increase his estate settle about five hundred pound per  and on James his second son and in settle the manor of Lamedon on trustee in  trust from and after his decease to pay to the plaintiff his three son for  life he have be extravagant and in disgrace with his father and likewise to  pay his daughter Katherine one hundred pound per and for her life and to pay  the surplus profit to sir James his grandson and after the death of the  annuitant to convey the say manor to his say grandson sir James and his heir  after this old sir James have great increase his estate in the year without  regard to the settlement of convey the manor of Lamedon to the plaintiff for  life and to his first and other son in tail remainder to Vernon chancery case  er p James and his first Vernon chancery case and other son in tail remainder  to his grandson sir James and his first and other son in tail and about the  same time make another provision for his daughter Katherine by assign to her a  mortgage of eighteen hundred pound and in by will devise his personal estate  to be invest in land and settle on sir James for life and his first and other  son in tail which personal estate be of the value of fifteen thousand pound or  thereabouts and by his say will bequeathe to the plaintiff pound in gold and  also the arrear of rend due from the farmer and tenant of the estate at  Lamedon at his the say testator death r l and after the death of old sir James  the plaintiff enter and take possession of Lamedon and receive the arrear of  rend which be devise to he by the will of his father who intend the arrear to  go along with the estate but sir James have find the settlement of get the  tenant to attorn to he the plaintiff bill be to be relieve against the  settlement of and to have the benefit of the conveyance of and for the  plaintiff it be insist he be proper to be relieve in equity because it appear  on the proof that old sir James have never deliver out or publish the  settlement of but have it in his own power and it be after his death find  among his waste paper and it be to be presume he apprehend he have a power  either to change or alter it as he think fit he have always have it in his own  possession or power or possible may have forget it the deed of be often  mention by sir James as the settlement of Lamedon and so endorse with his own  hand and in his lifetime he tell the tenant that the plaintiff be to be their  landlord after his decease and the defendant have no reason to complain his  grandfather have by land and the devise of his personal estate leave he a  estate of three Vernon chancery case thousand pound per annum great part of  which he be not oblige to leave he by settlement or otherwise but out of his  bounty to his grandson so that if in the settlement of he have do he any wrong  he have give he a ample recompense by leave to he estate that be indisputable  in his power to have give to the plaintiff instead of Lamedon have he be  inform or apprise that it be not in his power to have give Lamedon to the  plaintiff but that the voluntary dormant settlement of will take place and it  will be very hard upon the plaintiff who have no other provision whereas James  the second son have at least five hundred pound per annum settle on he by old  sir James Lord keeper declare he be sufficient satisfy that the manor of  Lamedon be intend as a provision for the plaintiff and that it be but a  reasonable provision yet the case be too hard to be relieve in equity first  admit it to be the intention of old sir James that the plaintiff shall have  Lamedon yet that be not a sufficient foundation to decree upon if a will be  prepare and every thing do but it be not publish or if publish and but one  witness to it if a deed be sign and seal and by accident not deliver in all  these case the intention be plain yet not relievable in equity so if a will be  make by a feme covert of land of inheritance to I S and the husband die and  then the wife although her intention be plain and although after the death of  her husband when she become Himself law she may have devise the land to I S or  by a republication have make the former will good yet that case be not  relievable in equity in the Lord Lincoln case show p c p it be intend the  estate shall have go along with the honour and be so devise by five or six  will successive but no relief can he have Vernon chancery case against a  subsequent voluntary conveyance though make for a particular purpose only  which never take effect it be a common rule in the law that the fir deed and  the last will be to take place   Litt b and if a prior deed without more may  be discharge by a subsequent deed there will never be occasion to insert power  of revocation and that have be a idle and unnecessary provision in deed and  will not have be so long use and practice by learned man and although the  settlement in be always in the custody or power of sir James yet that do not  give he a power to resume the estate and although voluntary conveyance if  defective shall not in many case be supply in equity yet where there have be a  covenant to stand seize to the use of a relation although it be a voluntary  settlement yet this court in the ancient of time always execute such use in  the lady hudson case where the father have take displeasure at his son make a  additional jointure on his wife but keep it in his power and be afterward  reconcile to his son cancel the additional jointure and die the wife after his  decease find the cancel deed and recover by virtue of it et vide Barlow ux v  Heneage pre Ch where settlement and bind in favour of child and object that  they be both voluntary and always keep by the father the settlor and obligor  in his own hand and on bill for a account and satisfaction of the profit of  the settle estate and the money secure by the bind and interest per Lord  keeper these be the father deed and he can not derogate from they but decree  there at last make upon agreement between the party Vernon chancery case er p  and as to the equivalent or recompense give to sir James in lieu of Lamedon  the voluntary settlement of be void by reason of the prior settlement of can  give the plaintiff a equivalent out of the personal estate a recompense  equivalent to a void settlement be nothing at all dismiss the bill as to any  relief against the deed of but decree the payment of the annuity and arrear  that January and as to the arrear of the rend of the say estate at lame do due  at the say testator death the plaintiff be at liberty in the name of the  defendant the executor of old sir James Clavering to sue for and recover the  same arrear Reg lib a fol No cost give note afterward this decree be affirm  upon a appeal to the lord in parliament bro p c vol vide villiers v Beaumont  ante Vol and case cite in note there clavell v Littleton pre Ch