case richard knight plaintiff sir jonathan atkins John pierce and Frances his  wife and all defendant Lord chancellor April Eq can ab pl Ch Rep S c the wife  portion and the like sum of the husband money be agree to be lie out in land  to be settle on they and the heir of their body without mention how the  remainder over shall be limit they both die without issue and before any  purchase make the money shall be pay to the heir of the husband and not to the  administrator of the wife who survive her husband it be agree upon the  marriage of Benjamin knight and the defendant Frances daughter of sir Jonathan  atkins that sir Jonathan shall give her a portion of pound and that Benjamin  shall put pound more to it and this pound to be lie out in the purchase of  land to be settle on Benjamin and Frances for her jointure and out the heir of  their two body Benjamin die without issue Frances intermarry the defendant  pierce the plaintiff be heir he be also executor Ch Rep of Benjamin bring his  bill to have the money owe by sir Jonathan atkins together with pound more  which he offer to lie down lie out in a purchase accord to the  marriageagreement Frances pierce wife die before answer for the defendant  pierce it be insist at the hear though no mention of it in his answer that he  as administrator to his wife who survive Benjamin be entitle to the money and  not the heir of Benjamin all the use for which the purchase be agree to be  make be spend by the death of Benjamin and Frances without issue and that  there be no mention in the marriageagreement how the remainder in fee shall go  and that the wife portion be equal to the money lie down by the husband it  will have be reasonable if a question have be make in this court how the  Vernon chancery case remainder shall have be limit in the life of the party to  have decree it for the right heir of the survivor and that therefore the  purchase be never make and the wife survive she be entitle in equity to the  whole money and the defendant her husband as her administrator have the same  right if not to the whole at least to a moiety which be her own proper portion  Vernon chancery case er p but for the plaintiff it be insist that if a bill  have be bring in the lifetime of the husband and wife to have have the  purchase make it will have be decree to have be to the use of the husband and  wife and the heir of their two body with remainder to the right heir of the  husband the Lord chancellor decree it for the heir upon presumption that it be  so intend and that sir Jonathan atkins shall pay what remain in his hand of  the pound to the plaintiff the heir the plaintiff pay the defendant pierce  interest for the pound which Benjamin knight Benjamin and the defendant sir  Jonathan atkins have mutual enter into bind for that purpose be bind to lie  out and also interest for pound which Benjamin have receive of sir Jonathan in  part of his wife portion from the death of Benjamin to the death of Frances  Reg lib a fol