case STRIBBLEHILL versus brett vern S c parliament case bro p c and ed S c Eq  Abr c viner vol pl vol p pl vol p pl Leon S p vezey a lease make by tenant for  life pursuant to his power but for a marriage brokage and so a unlawful  consideration decree after his death to be set aside and to be no trust for  his executor as it be urge it shall the consideration be as none Mr Thomas  thynn of LongLeet be seize for life of the rectory impropriate of Thames in  Com oxon and several other land with power to make lease remainder to his  first and other soil remainder to the Lord viscount Weymouth Mr Thomas thynn  demise this rectory for year if three life live so long in trust for Mr Thomas  thynn of Egham and die year and soon after his death the Lord Weymouth make  another lease of the same rectory in trust for the same Mr thynn of Egham who  want money borrow pound of the plaintiff intestate and these two lease be  mortgage to he for secure of it and then he die intestate and the plaintiff  take out administration to he and Mr thynn of Egham die much indebt and his  wife who be a defendant be his administratrix the life mention in the first  lease die and thereby that lease expire in avoidance of the plaintiff title  under the lease make by my Lord Weymouth the defendant the Bretts set up a  title under a lease purport to be make by precedent in chancery er p precedent  in chancery Mr Thomas thynn of LongLeet in a little before his death to their  uncle major Brett for the consideration of pound and that their uncle have  before his death make a voluntary assignment of it to they the plaintiff say  that though this lease import to be make for pound yet no money be ever real  pay and that if the lease be real make it be upon a marriage brokage for major  brett procure a marriage between Mr thynn and lady Ogle and the proof seem to  be pretty strong for that purpose the defendant object two thing saint that  the plaintiff have not make any sufficient proof that the lease be make on any  such consideration as they pretend and it can not be expect that after such a  length of time as year proof shall be make of the payment of the consideration  money especial by the defendant who be assignee and stranger and that if the  consideration be not pay then the lease must at most be in equity but a trust  for Mr thynn and consequent for his executor and they be not party to the suit  dly that the plaintiff be not entitle to controvert this lease for he do not  claim under or in privity to Mr thynn that make the lease and be but tenant  for life and who executor must be entitle to the benefit of this lease if it  be a trust but under the Lord Weymouth who be a remainderman it be answer that  the plaintiff proof be sufficient and that a feign consideration be worse than  no consideration for in the latter case it may be intend a voluntary gift and  the fancy of its be a trust be idle it be a lease ill obtain and the decree  must have be not that it shall be a trust for Mr thynn but that it shall be  set aside and then my Lord Weymouth will have have the benefit of it and so  must his grantee Lord keeper if it be a lease for a marriage brokage it must  be set aside be ex ugly causan and no difference precedent in chancery between  a bind or lease and a inheritance but I think the proof be not full enough to  find a decree upon therefore let it be try at law whether the procure the  marriage be the consideration of this lease afterward it be twice try at law  and two verdict for the defendant and thereupon the bill be dismiss but upon  appeal to the lord they reverse the decree and set aside the lease without  regard to the verdict Vid vezey Lord h s observation I brown parliament case  and note ibidem bro p c and ed