brown case edward Edgeworth appellant mead swift respondent that February  where a party claim under marriagearticle and settlement make in pursuance  thereof it be not sufficient to direct a issue to try the validity of the  article only but the issue shall be extend to try the execution of the  subsequent settlement decree of the Irish chancery reverse sir Edward Terrell  Bart be seize in fee of Longwood and several other land in the kingdom of  Ireland of great yearly value and possess of the land of Lynn and Rathduffe in  the county of Westmeath for the term of year at a peppercorn rend by virtue of  a lease from Nicholas darcy Esq die in the year leave issue Catherine his only  daughter and heeler the appellant mother the say sir Edward Terrell be after  his death outlaw for high treason on account of the rebellion in Ireland by  mean whereof the say several land be seize into the hand of their majesty king  William and queen mary but there be a prospect of reverse that outlawry as be  erroneous Robert Edgeworth Esq the appellant father propose to marry the say  Catherine and have obtain the consent of dame Ellinor Terrell her mother it be  by article previous to the marriage date the that of July and make between the  say Robert of the one part and the say dame Ellinor Terrell on behalf of  herself and her say daughter Catherine of the other part agree that whenever  the say Catherine or the say Robert in her right shall be restore to the  estate of the say sir Edward Terrell or any part thereof the same shall  immediate after be settle on the say Robert and Catherine for their life and  the life of the long liver of they remainder in tail male to the first son of  the say Robert by the say Catherine with other remainder over the marriage  soon afterward take effect and sir Edward estate be vest in the trustee of  Irish forfeiture by the act of resumption it be by a private act of parliament  make in the first year of queen whether enact that the say trustee shall  convey all the estate forfeit by the say sir Edward Terrell to the say Robert  and Catherine and their heir discharge of all forfeiture and the say trustee  by deed of lease and release date the that and that of October convey the same  accord and also by their deed date the that of the same month grant the say  land of Lynn and Rathduffe to the say Robert and Catherine for year be the  residue then to come of the say term of year brown Robert Edgeworth be  extravagant and dame Ellinor fear the consequence thereof use her best  endeavour to provide a separate maintenance for the say Catherine and her  issue during the life of Robert and for that purpose she propose to release a  right which she have to a three part of the say estate for life which at that  time amount to pound per and and upward to brown er p the say Robert Edgeworth  for pound on condition that he will convey and assign over the say term for  the separate maintenance of the say Catherine during her life and after her  death for the use and benefit of her old son by he to which proposal Robert  have agree dame Ellinor accord execute such release and as a far inducement to  Robert do remit to he pound part of the say pound and thereupon Robert in  pursuance of the say agreement prevail upon John Percival Esq who be entitle  by several mesne assignment to a mortgage of the say term under sir Edward  Terrell to assign over the same to Robert Adair gentleman who be pitch upon to  be a trustee in the say settlement and in which deed of assignment the say  article be recite and in further execution of the say agreement Robert and  Catherine on the that of June convey the residue of the say term to the say  Robert Adair upon the follow trust videlicet that Catherine may receive and  dispose of the yearly rend and profit of the land for her natural life to her  separate use as if sole and afterward in trust for and to the only use and  behoof of the appellant by the designation of the first and old son of the say  Robert by the say Catherine and the say Robert Edgeworth by the same deed  reserve to himself a yearly rend of pound during his life out of the say  leasehold premise with liberty to distrain for the same the reversion and  inheritance of the land of Lynn and Rathduffe be forfeit by the attainder of  Nicholas darcy the lessor and be vest in the say trustee they for some small  consideration convey the same to the say Robert Edgeworth in pursuance of the  say marriagearticle Robert Edgeworth and his wife convey to Francis Edgeworth  Esq and his heir the reversion of the say lastmentioned premise and all other  the estate former belong to sir Edward Terrell to the use of the say Robert  and Catherine for their life without impeachment of waste with remainder to  the use of the appellant their old son during his natural life remainder to  the trustee and his heir for preserve the contingent use remainder to the  appellant first and other son successive in tail male with several remainder  over and with power for the say Robert and Catherine to charge portion for  young child not exceed pound and a power for the appellant after the death of  Robert and Catherine to settle a jointure on any wife he shall marry not  exceed pound per and Catherine die in the year leave the appellant her old son  then a minor about nine year old whereupon the say Robert Edgeworth in some  few month afterward marry a brown second wife and notwithstanding the say  article and settlement take upon he to make feefarms and long lease of the  premise or part thereof at small rend and to mortgage and sell other part  thereof and public notify that he intend to sell the residue but the appellant  have come to the knowledge of his title to the promise under the say article  settlement and deed of trust do for prevent any further sale give public  notice of such his title at which Robert his father be displease and some  other dispute have arise between they Robert in December exhibit his bill in  the court of exchequer in Ireland against the appellant allege that neither he  or the say Catherine ever make or execute any article upon or before their  intermarriage or any settlement of the say premise and therefore pray that if  the appellant do insist on any article or settlement he may be oblige to show  cause why the same shall not be bring into court and lacerate to this bill the  appellant put in his answer through at that time a minor and insist on the say  article and settlement and the cause be at issue many witness be examine who  prove the article and settlement but some order have be make in the cause  which the appellant apprehend will in their consequence run he into many suit  he on the that of march appeal to parliament from those order and upon hear  that appeal they be reverse and it be order that the say Robert Edgeworth  shall make all the purchaser lessee and mortgagee party to the say bill or to  join with he therein to the end that one decree may conclude all party and  that the appellant shall not be harass with a multiplicity of suit about one  and the same matter notwithstanding this order Robert Edgeworth make no far  progress in brown er p the cause than to serve some few of the tenant with  subpoena to answer but in order to deprive the appellant of the benefit of the  say order he procure the present respondent to exhibit a bill in the court of  chancery in Ireland against himself the say Robert Adair the appellant and  other pretend that the say land of Lynn be grant to he in feefarm by the say  Robert Edgeworth some time in the year and pray that the same may be establish  and the say article and settlement set aside and that Adair may be oblige to  convey over the say trustterm to the respondent in order to protect his title  to the premise under the say feefarm or that the say Robert Edgeworth may be  compel to make he recompense for the value thereof and the loss he be likely  to be at by the appellant pretention out of his real and personal estate to  this last bill the appellant though at that time also a minor put in his  answer and thereby insist on the say article and settlement and also on the  deed of trust and that he be a purchaser under the same for valuable  consideration prior to any right pretend to by the respondent brown the  appellant soon afterward cause a ejectment to be bring in the court of king  bench in Ireland in adair name for recover the actual possession of the say  land to which the say Robert Edgeworth and the respondent appear and make  defence and the appellant be prepare to go to trial the respondent by  contrivance with Adair prevail on he to release the action though the  appellant have tender he undeniable security to indemnify he from any loss  that may attend the same and at the same time the respondent in pursuance of  such contrivance exhibit a supplemental bill against the appellant and Adair  and serve Adair with process long before the appellant be serve or have notice  that any such bill be file by which management the respondent obtain a  injunction for want of adair answer in time but the appellant be soon after  apprise thereof put in his answer forthwith and after some time prevail on  Adair to put in his answer the appellant thereupon apply to the court in the  usual manner to dissolve the injunction or in case it shall be think proper to  continue the same that the respondent may be oblige to waive the benefit of  the release from Adair and give judgement at law upon the ejectment with a  release of error both which the Lord chancellor be please to refuse and  continue the injunction till the hear the cause be at issue witness be examine  on both side but the respondent have obtain a order to pass publication before  the appellant have whole finish examine his witness and the cause be set down  to be hear the appellant be under a necessity of apply to the court for  liberty to prove some exhibit viva voice which he have before prove in other  cause and though this be mere a motion of course yet the Lord chancellor think  proper to refuse it and the cause come to be hear on a conditional decree upon  the d and that of November his lordship be please to admit the answer of the  say Robert Edgeworth to be read as evidence against the appellant and on the  that of January follow he direct a issue to try whether the say article date  the that of July be perfect by the say Robert Edgeworth and his lordship at  the same time declare that in case the say article be find to be perfect he  will consider the equity of the respondent case the appellant intend to appeal  from these several proceed apply to the deputy register of the court of  chancery for attest copy of the minute take on the motion for liberty to prove  exhibit viva voice at the hear which be deny he on the that of February apply  to the court to oblige the register to attest those minute but the Lord  chancellor be please to refuse the same the appellant therefore prepare a  appeal but before it can be present a order be make that no more appeal shall  be receive that session the respondent take advantage of this brown accident  and know that the appellant be detain in England on account of some other  appeal then depend apply to the court on the that of may to have the issue  take as find against the appellant which be order accord and on Friday the  that of June follow his lordship be please to decree that the article and  settlement which the brown er p appellant be refuse liberty to prove on the  hear and to which the issue have no relation shall be set aside and the  feefarm deed establish and further order that the defendant Adair shall convey  over to the respondent the residue of the say term and likewise the say  mortgage and that a perpetual injunction shall be award against the appellant  to stop all further proceed under the say article and settlement in support of  the appeal it be say I Roche e Hoskins that the appellant have swear in his  answer that he be a purchaser for a valuable consideration prior to any right  pretend to by the respondent and nor have confess any manner of equity therein  the injunction ought not to have be continue nor the appellant prevent from  assert and verify his title at law but if there have be any colour for  continue the injunction the court ought to have oblige the respondent to give  the appellant or his trustee judgement at law with a release of error that the  refuse the appellant liberty to prove exhibit viva voice at the hear of the  cause be unprecedented that the term appear to have be assign to Adair for a  valuable consideration upon express trust for the appellant alter the death of  Catherine a court of equity ought not to have interpose especial as if the  allegation of the respondent bill be true he may by his own show have make a  good defence and have a proper remedy at law and therefore and for that the  whole of this suit seem calculate to elude the order make on hear the former  appeal the bill ought to have be dismiss that the appellant present title to  the land of Lynn and Rathduffe be under the deed of trust to Adair and not  under the article and therefore no issue ought to have be direct as to those  land and the rather for that there be not any room leave to conceive or  entertain the least doubt of the reality thereof the court have declare the  same be sufficient prove and as the person who appear to be entitle to estate  in remainder by virtue of the article and settlement be not make party to the  suit no trial can be effectual available or conclusive as to they that the  answer of Robert Edgeworth be admit to be read as evidence against the  appellant which ought not to have be do and that Adair be not only decree to  assign over the term to which he be entitle in trust for the appellant under  the deed of the that of June but also the mortgage for protect the respondent  title and which ought not to have be decree to be so assign without first  permit the same to be prove and read or know what it be brown on the other  side it be insist p York c Talbot that the respondent be a purchaser of the  say feefarm lease of Lynn for a valuable consideration without any notice of  the say article and settlement even if the same be real and genuine but Robert  Edgeworth have upon oath absolute deny that he have ever execute the say  article or settlement that the pretend assignment of the term to Adair in  trust for the appellant and under which he now claim a title to the land of  Lynn appear to be engross on parchment whereas by the evidence of witness of  undeniable character it appear that the assignment of the say term execute by  the say Robert Edgeworth the appellant father be engross on paper and the  appellant have bring a ejectment against one smith and Damer to recover the  land of Rathduffe under the same title the jury upon the trial find a verdict  for the defendant that the appellant examine witness to prove the execution of  the pretend settlement of December but have fail therein and there be just  ground to suspect the reality of it it be apprehend the court do right in  refuse he liberty to prove the same viva voice at the hear that the appellant  have receive great indulgence in the proceed in this cause for publication be  respite that he may have time to examine the witness which he desire and  several time be appoint for the appellant to appear in order to try the issue  direct before the same be order to be take pro acknowledged admitted fact but  he have avoid such trial it be but just to take the say issue pro acknowledged  admitted fact and the decree find thereon be perfect agreeable to the rule of  equity ought to be affirm but after hear counsel on this appeal it be order  and adjudge that the order of the that of January and all the proceed  subsequent thereto shall be reverse and that the Lord chancellor of Ireland  shall direct a issue at law to try the validity of the execution of the  article of the that of July of brown er p the settlement of the that of June  and of the settlement of the that of December which issue shall be try at the  bar of the court of common plea by a jury of the county of Westmeath and that  the say Lord chancellor shall give proper direction for the settle and try the  same and it be further order that the appellant shall with all convenient  speed deliver the say article and settlement into the say court of chancery to  remain there till the trial shall be have but in the mean time to be inspect  by each party as there shall be occasion and that the say article and  settlement shall be produce at such trial and after the same have be return  back to the say court of chancery to be dispose of as the say court shall  direct and each party shall after such trial resort back to the say court of  chancery to have such further direction as shall be just jour vol p