brown case Frances lucy widow appellant robert more and other respondent saint  April Mews dig seven viii twelve xiv see Druce v denison we by article make  previous to the marriage of a female infant it be agree that in consideration  of a suitable jointure to be make by the husband after the wife shall come of  age the whole of her real estate shall be limit to the husband in fee the  jointure be accord settle and the wife be of age be a party to the deed but it  be hold that she be not bind by the article and that her acceptance of the  jointure do not amount to a confirmation of they see the succeed note by which  it appear that this be by no mean the express point determine the follow it be  think be a more full and accurate statement of this case one by article  previous to his marriage covenant in consideration of pound portion and on his  intend wife convey her land to he and brown er p his heir when she come of age  to settle certain land of his own in jointure neither the wife nor her trustee  execute the article after marriage the husband settle his land mention in the  article and recite the settlement to be in performance of the article and in  consideration of the marriage and for a provision for the wife to bar her of  dower and their issue but never require her to convey her land to he the wife  be a party to and execute this settlement after the husband death she enter on  the settle lands This settlement be a waiver by the husband of the propose  conveyance by the wife and she shall hold as well her own estate as also the  land settle decree of Lord chancellor king be affirm the question whether a  jointure on a infant before marriage may be waive be not quite settle till the  case of Drury v Drury report by the name of Buckingham e v Drury ante vol p  title dower can that case be hear before Lord Northington c hill I Geo the  point determine by Lord Northington in that case be saint that the stat h c  which introduce jointure extend to adult woman only infant not be particular  name and therefore that notwithstanding a jointure on a infant she may waive  the jointure and elect to take dower dly that a covenant by the husband that  his heir executor or administrator shall pay the wife a annuity for her life  in full for her jointure and in bar of dower without express that it shall be  charge on any particular land or be secure out of land general be not a good  equitable jointure within the statute dly that a woman be a infant can by any  contract previous to her marriage bar herself of a distributive share of her  husband personalty in case of his die intestate from that decree there be a  appeal to the house of lord and after hear the judge seriatim on the question  whether a jointure on a infant can be waive on which they be divide in opinion  the decree be reverse as to all the above point and it be by the decree of the  lord declare that the respondent the widow be bind by the agreement enter into  in consideration of and previous to heir marriage and that the same ought to  be perform and carry into execution and that she be thereby bar of her dower  and of any share of her husband personal estate under the statute of  distribution before the above decision the only direct opinion as to the  effect of a jointure on a infant be sir I jekyll in Cray v Willis Eq ab c it  vin title dower Q pl against its bar and Id Hardwickes in price v seys barn c  and Harvey v Ashley atk to the contrary ground and rudiment of law and equity  p can mosely c George Bohun Esq be possess of a leasehold estate near  Spitalfields in the county of Middlesex and other land and hereditament and of  a considerable personal estate and have brown issue only four daughter make  his will date the that of July and thereby devise to dr Ralph Bohun Mr  Burgundy Roland Berkley George guy Charles Newburgh and Thomas burgh and their  heir certain message and land in the county of the county of Warwick upon  trust to permit his rend and profit thereof until she shall marry or with the  consent of the say Newburgh and burgh they shall convey the say estate in such  manner as his say daughter Susan with the consent of her husband shall appoint  and in default of such appointment to his say daughter Susan her heir and  assign for ever and in case his say daughter Susan shall die before her  marriage or shall marry without such consent then that his trustee shall  dispose of his estate so devise in such manner as touch the rest of his real  estate be by his say will direct and then his daughter Susan shall only have a  equal share with her other sister of the residue of his estate after payment  of his debt and legacy the testator further devise to the say trustee and  their heir all brown er p his real estate in or near Spitalfields which he  will shall be by they sell after his death and the money thereby arise to be  subject to the intent of his say will declare concern the residue of his  estate he then devise to his daughter jane pound to be pay at her age of or  marriage and after several other specific legacy and bequest he give the  residue of his real and personal estate to his three daughter mary Elizabeth  and jane and also to his daughter Susan in case she shall marry without such  consent as aforesaid and forfeit the estate intend for her and not otherwise  to be equal divide among they share and share alike and make his say trustee  together with mary his wife executor Susan afterward intermarry with Gilbert  clerk Esq with such consent as by the will be require and thereby become  entitle to what be particular devise to her but exclude from any share of the  residuary estate and her sister jane become entitle under the say will to the  pound and to one three part of her father real and personal estate equal with  heir other sister mary the wife of the respondent Roland Berkley and Elizabeth  the wife of Packington Tomkins who be entitle to the other two three thereof  jane in when under age be marry to George Lucy Esq and thereupon by article  date the d of December between George Lucy of the first part mary Bohun relict  of the say George Bohun and the say jane of the second part and Allen Lord  Bathurst and Gilbert clerk of the three part recite that a marriage be intend  between the say George Lucy and jane with the consent of the say mary Bohun  her mother and that the say jane by virtue of the say George Bohuns will will  be entitle to pound at her age of or marriage and that she be entitle to  diverse land in the will mention or to a three brown part of the money arise  thereout in such manner as by the say will be direct and that the say jane be  Willing to bestow on the say George Lucy in consideration of the say marriage  as well the say pound as also her interest in the real and personal estate of  her say father devise or which may descend to her or in trust for her as one  of his coheir or legatee as soon as she shall attain the age of to hold to the  say George Lucy his heir and assign for ever the say George Lucy in  consideration of such marriage and marriage portion and of such conveyance to  be make to he and for secure to the say jane a provision in case she shall  survive he covenant with Lord Bathurst and Gilbert clerk that he will upon  such conveyance make to he upon the say jane attain her age of settle upon her  a jointure of certain land therein mention of the yearly value of pound and  that the reversion thereof after the say jane death shall be further settle  together with other land of the yearly value of pound to the use of the say  George Lucy for life remainder to his first and other son by the say jane in  tail male and the reversion in fee to the say George Lucy and his heir these  article be not execute by jane as be under age nor do any of the other party  thereto except the say George Lucy execute the same nor be Janet trustee  consent that she shall part with her inheritance in the premise nor be she  ever ask to execute or sign the article after she attain her age the marriage  however be have and afterward jane in order to raise the pound be desire to  join in a fine with her husband and her sister and their husband for sell some  part of her father estate which she accord do and the pound be pay to the say  George Lucy her husband but he never insist or desire that she shall join in a  fine for convey the estate of her say father belong to her as one of his  coheir after payment of the pound which be the money portion express in the  article and after jane have for about six year attain her age of the say  George Lucy without require any conveyance of the estate belong to her by  indenture of lease and release dart the that and that of march make between  himself and the say jane of the one part and Allen Lord Bathurst and Gilbert  clerk of the other part in consideration of the marriage and in pursuance of  the article make previous thereto and for make a jointure for the say jane and  provision for their issue Lucy do grant and convey to Lord Bathurst and  Gilbert clerk diverse message and land in the county of Warwick to the use of  the say George Lucy for life and after his death as to several land therein  mention to the use of the say jane for her life for a jointure and as concern  the say premise after her death and the other premise after the say George  Lucy death brown er p to the use of the first and other son of their brown  body in tail male remainder to the say George Lucy his heir and assign for  ever in August George Lucy die without issue and intestate and William Lucy  his brother by the consent of jane his widow take out administration to he  this William Lucy by the death of George become entitle to his real estate not  settle which be very considerable and to the reversion of the say jane  jointure land after her death as brother and heir at law of George Lucy about  the latter end of the year the say jane intermarry with the respondent more  and she be entitle to one three part of her father real estate devise by his  will to the trustee and be mind to settle the same by indenture of lease and  release date the that and that of June between the respondent more and the say  jane his wife of the one part and dr Henry more and sir Gustavus Hume Bart of  the other part and by fine levy the say Robert more and jane his wife do  bargain and sell to the say Henry more and sir Gustavus Hume the say jane  three part of her say father estate to the use of the respondent Robert more  for life remainder to the say jane for life remainder to the say respondent in  fee after the death of George Lucy the say William Lucy his brother pretend to  be entitle as his heir at law to the say jane three part of her father estate  and therefore after the respondent more be intermarriage exhibit his bill in  the court of chancery against the say respondent and the say jane his wife  pretend a right to her share of her say father estate under the aforesaid  article and to have a conveyance thereof to he and his heir to this bill the  say respondent and jane put in their answer and the say jane state her case in  the manner above mention and swear that George Lucy her late husband as they  live happy together and have no issue make the aforesaid settlement on heir  and often tell her he will leave her own estate to come to her and the say  William Lucy though he live six month after the answer be put in proceed no  further in the suit in December jane die without issue and administration of  her good and chattel be grant to the respondent Robert more her husband who by  virtue thereof and of the lastmentioned conveyance and fine become entitle to  her share of the estate real and personal of the say George Bohun heir father  and of the rend and profit thereof which become due and be receive by the  trustee and executor of his will in February the say William Lucy also die  without issue leave Foulk Lucy his brother and heir at law but have before his  death make his will and appoint the appellant his widow executrix who  thereupon and under the will of the say brown William Lucy pretend to be  entitle to all the right and share belong to the say jane in the estate real  and personal of the say George Bohun in Michaelmas term the appellant exhibit  her bill in the court of chancery against the respondent more and other to the  same effect with William Lucy bill and therein set forth that the say William  Lucy by his will have charge his whole estate with the payment of his debt and  legacy and give legacy and charity to a considerable value and make the  appellant executrix and that she have prove his will and take out  administration to the say George Lucy and she insist that as executrix of  William and administratrix of George Lucy she be entitle to all right and  share belong to the say jane in the estate real and personal of the say George  Bohun to which bill the say respondent put in his answer and insist on his  right to the effect above mention and in Michaelmas term exhibit his bill in  the say court against the appellant and against the say Faulk Lucy George guy  Charles Newburgh Thomas burgh Roland Berkley and mary his wife and Packington  Tomkins and Elizabeth his wife to have a conveyance of the say estate make to  he and for a account of the rend and profit thereof to this bill the appellant  put in her answer and insist as by her bill and the say Foulk Lucy claim a  right as heir at law of William Lucy and George Lucy and the other defendant  submit to the direction of the court on the that of November both cause be  hear before the Lord chancellor king when his lordship order and decree that  the plaintiff bill in the brown er p original cause shall be dismiss except as  to her claim as executrix of William Lucy to certain tithe in the plead  mention and on the cross bill it be order and decree that a account shall be  take of the trust estate under the will of George Bohun since his decease on  which account all just allowance shall be make and all deed rentals paper and  write be to be produce upon oath and all party to be examine on interrogatory  as the master shall direct and one three part of the say rend and profit be to  be pay to the respondent more and the other two three to the defendant Berkley  and Tomkins and that a commission shall issue to divide the say trust estate  into three and that after such partition make the survive trustee shall convey  one three to the respondent more and his heir and the other two three to the  two other devisees accord to their respective interest therein and the trustee  in the will of the say Mr Bohun be to have S cost to reverse this decree the  present appeal be bring and on behalf of the appellant it be insist n  fazakerley d davenport that where a suitable jointure be make as in this case  there be a much great one than mrs more be whole fortune require it ought to  be intend to be in consideration of the fortune though not so express brown  and ought to entitle the husband to such fortune though not actual pay that  this jointure be express to be make in pursuance of the article and the  reference to they be the same as if they have be full recite that as the land  limit for jointure be the same in the settlement as in the article the  settlement must therefore be upon the foundation of the article and mrs more  be execute the settlement when of age and her acceptance of the jointure after  George Lucy death be a full agreement to and confirmation of the article  though she be under age at the time they be make that though she may have  waive her jointure and claim her fortune which remain unpay yet by accept her  jointure she have make her election and ought therefore to give up her fortune  which be the consideration of her jointure or otherwise she will have a double  satisfaction on the other side it be say p York c Talbot that though jane be a  infant when marry to George Lucy yet the settlement be make long after the  marriage and therefore she be entitle to her election either to insist on her  dower out of her husband estate or claim the land settle for her jointure but  William Lucy the brother and heir of George never call upon her to make such  election well know that her dower will have amount to much more than the  jointure that George Lucy who be the only person entitle under the article to  require a conveyance of jane estate never demand one though she be of age six  year before he make the settlement and though he live two year after it be  make but on the contrary always declare both before and after make the  settlement that he will leave her estate for her own benefit that the  settlement so make do not exceed the three part of the estate which by law  jane will have be entitle to so that she thereby gain nothing but George Lucy  receive pound in money as her portion and she do not live above a year and a  half after he to enjoy her jointure that the respondent more claim under the  conveyance make by his wife who by her father will and as one of his coheir  have a right to one three part of his estate and have do no act to dispose of  it to George Lucy her first husband but the appellant be only the executrix  and devisee of William Lucy the brother and heir of George and be no otherwise  relate to the family of the Lucy than as be the wife of William from who she  enjoy a considerable part of the family estate and therefore there appear no  reason to make a strain construction to give her any part of the respondent  estate contrary to the intention both of jane and her first husband accord  after hear counsel on this appeal it be order and adjudge that the same shall  be dismiss and the decree therein complain of affirm jour vol pa brown er p