atkins all versus Waterson what shall bar a freeman widow of her customary  share see Abr Eq vern vern vide ante on a treaty of marriage to he have  between the defendant late husband Edmond Waterson decease indenture of lease  and release hear date the that and that of August by way of settlement be  execute whereby in consideration of the say intend marriage and pound  marriageportion land to the value of pound per Ann be limit to the defendant  for life for her jointure and in full of all dower and Title of dower to any  land tenement or hereditament whereof or wherein her say intend husband be or  shall be seize of any estate of inheritance during the coverture between they  and in the release William Waterson father to Edmund covenant that in case  Edmund survive he that then all his real and personal estate whereof he shall  die seize or possess shall descend and come to Edmund his heir executor and  administrator the marriage take effect William Waterson die whereby some real  estate and a considerable personal estate come to Edmund then Edmund make his  will and have no issue devise pound to his wife and some other legacy and  devise the residue of his personal estate to be lie out on a purchase to be  settle on the plaintiff the Bennels who be his nephew and make the plaintiff  Atkins his executor and die and now this bill be bring against the widow for a  discovery and account of the personal estate and that it may be lie out in a  purchase and settle pursuant to the direction of the will the defendant by her  answer say that the husband be a freeman of London and that he die without  issue she as his widow be entitle to a moiety of the personal estate as her  customary share and whether she be so entitle or no be the single question for  the plaintiff it urge by sir Joseph Jekyll and other that she be not for that  by this settlement she be provide for already and by the custom of London  where the widow be compound with as they call it she can be let into any other  part of her husband be personal estate that this be find on very good reason  that the wife may not depend for her satisfaction on the casualty of Trade and  other contingency whereto this personal estate may be liable and now since she  have in all event secure herself of a provision and take out so much of her  husband be power of dispose so she ought to rest satisfy with that provision  and not to ask any more that if this have not be intend in full of her  customary part there will have be negative word or some proviso in the  settlement that it shall not extend to exclude her of her customary share that  the personal Gilbert report er p estate be under Gilbert their consideration  as appear by the covenant concern the disposition of it in case the husband  survive the father and now the provision be general must be intend to be  complete and must exclude her from any other and cite love case car and  Hancock and Hancock and Pitt and lee late decree in this court but on the  other side it argue by S Cowper all that she ought not by this settlement to  be exclude from her customary part that if no settlement have be make she will  on her marriage be entitle to dower at commonlaw out of the real estate and to  her customary share out of the personal estate that this jointure come only in  lieu of dower of the real estate and that but by a late Act of parliament  Henry VIII and now can be no recompense for her customary share of the  personal estate that she be entitle to one by the commonlaw and to the other  by a custom and a recompense provide for one of they only can be no recompense  for the other which she claim by a distinct independent Title that there be no  negative word in the deed make it the strong that they do not intend to  exclude her of her customary share and now it tie up bare in bar of her dower  and Title of dower and suppose by the settlement there have be a provision for  her out of the personal estate only and that have be express to be in full of  her share of the personal estate will that have exclude her from dower out of  the real estate No more ought this jointure which go only in bar of her dower  of the real estate be construe to exclude her from the customary share of the  personal estate and the entry in the CityBooks must be intend where the  composition be only out of the personal estate and as to the case cite it say  they be not at all to this purpose for the case of Hancock and Hancock be upon  a settlement of personal estate and be to this effect a freeman of London have  child by his first wife and be about to marry again make a settlement of some  leasehold estate on his intend wife and the issue of that marriage the  marriage take effect the husband die have issue and a considerable personal  estate the child by the first venture bring their bill for a account of the  personal estate and insist it whole belong to they and that the second and her  issue ought to be exclude from any share thereof by reason of the provision  make for they it decree that this composition with his wife before marriage  bind her but the child be infant be leave to make their election when they  come of age whether they will abide by that provision make for they by that  settlement or relinquish that come in for their customary share only and  afterward on a rehear what shall become of the customary part it hold to fall  into the husband be share and in case no disposition be make thereof by he it  must go accord to the statute of distribution as to the case of Pitt and lee  that be thus a widower and widow be about to marry and have a personal estate  only by article before marriage it agree that in case the husband survive he  shall have pound Gilbert only out of his wife be personal estate and the  residue to be at her disposal and in case the wife survive then she be to have  pound out of the husband be estate without say only or no more the husband be  a freeman of London and his wife bring a bill for a account of the personal  estate over and above her pound and to be let into her customary share thereof  but it decree that the equal construction of these article must be to exclude  the wife from any far share out of his estate as he be express exclude from  any far share out of her estate and though the word be not so full as to  exclude her yet the intent of the article appear to be a mutual reciprocal  agreement between they for set bind to each other claim ought not to be extend  large on the one side than the other and so it decree that the wife shall have  only the pound but they say these case be by no mean applicable to the present  where the provision for the wife only be a real estate Lord chancellor say he  think the reason of the case very strong for the defendant but that this point  may be settle in a proper way he desire to have the custom certify whether  such jointure before marriage be only limit to be in bar of her dower shall  preclude her likewise of her customary share Gilbert report er p