case John earl OF Buckingham and other appellant dame marthan drury widow  respondent that may Mews dig seven report as Drury v Drury Eden doubt by Lord  Thurlow and Lord Northington see milner v Harewood Lord Ves Caruthers v  Caruthers bro c c Drury v Drury bro c c n discuss and distinguish in Seaton v  Seaton a c a woman marry under the age of have before such marriage a jointure  make to her in bar of dower be thereby bind and bar of dower within the stat  Henry VIII c dower though a just and honourable provision for the wife be a  right inconvenient to the heir preventive of the free use and improvement of  his land and in great estate a far more ample provision than can be reasonable  demand or expect therefore the legislature in pass the act Henry VIII intend  that all woman capable of contract marriage shall be bind by jointure make  before marriage which be presume to be settle by the advice of parent guardian  and friend or if make only by the husband with their own consent fair and  without fraud still it be think reasonable that she who the law allow to bind  herself by the marriage which be the principal contract shall be bind by a  provision which be accessary to that contract and a condition of it by  indenture tripartite date the that of October make previous to a marriage  between the respondent the mother of the appellant the countess of  Buckinghamshire and humorous catherinam Drury and sir Thomas Drury Bart  decease who be the father of the say appellant and make between the say sir  Thomas Drury then Thomas Drury Esq of the first part the respondent then  Martha terell spinster one of the daughter of sir John terell Bart decease of  the second part and Joseph townsend and Thomas matthews Esqs of the three part  after recite the marriage then intend between the say sir Thomas Drury and the  respondent it be declare and agree that the say sir Thomas Drury shall be  entitle to and receive all the personal estate and effect which the respondent  be possess of or entitle to for his own use and benefit and that all the land  tenement and hereditament then late of the say sir John terell decease which  shall descend to or devolve upon the respondent during the intend coverture  shall be settle and assure in manner therein after mention and also that the  respondent in case she shall survive the say sir Thomas Drury shall have and  enjoy a annuity or yearly sum of pound clear of all tax and deduction  whatsoever during her life for and in the name of her jointure and that the  same shall be accept and take by her in full satisfaction and bar of all dower  or three of in to or out of any land tenement or hereditament whatsoever  whereof or wherein the say sir Thomas Drury then be or at any time thereafter  during the intend coverture shall be seize of any estate or inheritance and  also in lieu and full satisfaction of any share or distributary part of any  personal estate which the say sir Thomas Drury shall be possess brown of or  entitle to and which she can or may claim or demand by virtue of the statute  for the distribution of intestates estate or otherwise howsoever and the say  sir Thomas Drury in consideration of the say intend marriage and of the  portion which the respondent be possess of or entitle to and which will accrue  to he in case the say mark brown er p riage shall take effect do for himself  his heir executor and administrator covenant promise and agree to and with the  say Joseph townsend and Thomas matthews their executor and administrator that  the heir executor or administrator of he the say sir Thomas Drury in case the  respondent shall survive he shall pay her during her life the yearly sum of  pound without any abatement whatsoever half yearly and also that in case any  land tenement or hereditament of the say sir John terell decease shall in any  way descend remain accrue or come to the respondent during her say coverture  then the say sir Thomas Drury and the respondent shall and will immediate  thereupon convey settle and assure all such land tenement and hereditament to  the use aftermentioned that be to say to the use of the say sir Thomas Drury  during his life and afterward to the use of the respondent and her assign  during her life and after her death to the use of the say sir Thomas Drury and  his heir and assign for ever this deed be execute by sir Thomas Drury and the  respondent in the presence of Elizabeth kellaway the respondent then guardian  and she be a subscribe witness thereto and the marriage be solemnized soon  after with the privity and approbation of the say Elizabeth kellaway and the  respondent on such marriage be entitle to a portion not exceed pound but she  be then a infant under the age of year on the that of January sir Thomas Drury  die intestate be seize in feesimple of a real estate of the yearly value of  pound and particular of a mansionhouse at Overstone in the county of  Northampton where he reside in the summer season with a park and office  outhouse garden and appurtenance thereto belong and he be also at his death  possess of or entitle to a very considerable personal estate to the amount of  pound or upward and at his death leave the respondent his widow and the  appellant the countess of Buckinghamshire and humorous catherinam Drury his  only child and coheiress at law be both then infant whereupon they become  entitle to all the real estate of the say sir Thomas Drury as coparceners in  fee and to the whole of his personal estate subject to the payment of the say  annuity of pound to the respondent during her life and subject to the payment  of all the other debt and engagement of the say sir Thomas Drury soon after  the death of sir Thomas letter of administration of his personal estate be  grant to the respondent and she possess the same or great part thereof and  afterward insist brown that as she be a infant at the time of the execution of  the aforesaid indenture of settlement and at the time of the solemnization of  her marriage she be not bind to accept the provision thereby make for her but  that she be entitle to dower out of all the real estate of sir Thomas Drury  and to her distributive share of all his personal estate and therefore the  appellant the countess of Buckinghamshire then mary Ann Drury spinster and  humorous catherinam Drury both then infant by their next friend in Trinity  term exhibit their bill in the court of chancery against the respondent state  the say settlement and marriage and the death of sir Thomas Drury intestate  leave the say widow and the say appellant his only child and that he be seize  and possess of or entitle to such estate as aforesaid and that the respondent  as his administratrix have possess his personal estate and have also enter on  the real estate and receive the rend and profit thereof and pray that a  account may be take of the rend and profit of the real estate receive by the  respondent and also of the personal estate of sir Thomas Drury and the  interest and profit thereof and a account of his debt and funeral expense and  that the clear surplus of his personal estate after payment of his debt and  funeral expense and other necessary charge may be bring into court and place  out at interest for the benefit of the appellant during their minority and  that proper person may be appoint to receive the arrear and the grow rend and  profit of the real estate and also the personal estate during the minority of  the say appellant and that out of the rend and profit of such real estate and  the interest and produce of such personal estate the say annuity of pound may  be retain by or pay to the respondent for the time pass and to come and that a  suitable allowance may be make for the maintenance and education of the  appellant for the time pass and to come and that the save of the appellant  yearly income after deduct what shall be so pay for their maintenance and  education may be from time to time place out at interest and improve for their  respective benefit during their minority brown er p to this bill the  respondent put in her answer and thereby say that she have possess so much of  the personal estate of sir Thomas Drury as she be able but that she have not  receive any rend or profit of his real estate and she insist that as she be a  infant when she execute the say indenture of settlement and at the time of her  marriage she can not nor ought to be bar by the say indenture but be at  liberty to make her election whether she will accept the say annuity or waive  the same and take her dower out of the real estate of sir Thomas Drury and her  distributive share of his personal estate under the statute and she submit to  account for such part of the personal estate of sir Thomas as have be possess  by her and for the interest and produce thereof have all just allowance and  brown she thereby say that if the court shall be of opinion that she be at  liberty to waive the annuity of pound and to claim such right as she be by law  entitle to in and to the real and personal estate of sir Thomas Drury then she  thereby waive the annuity and claim to be entitle for her life to a three part  of the real estate late of sir Thomas Drury as her dower and also to be  entitle absolute to a three part of the clear residue of his personal estate  and the interest and produce thereof but if the court shall be of opinion that  she be bind by the say indenture notwithstanding she be a infant at the time  of execute the same then she claim title by virtue of the say indenture to a  clear annuity of pound from the time of the death of sir Thomas Drury Payable  half yearly during her life the first payment to be make on the that of march  and she also claim a suitable allowance for the maintenance of the appellant  her daughter from the death of their father to that time and also for such  further time as she shall maintain they this answer be reply to deposition be  take in the cause whereby it appear that the respondent be bear on the d of  December and inter marry with sir Thomas Drury on the that of October the  cause be hear before the Lord chancellor Henley on the that that and that of  February and the d that that and that of February and saint of June on the  last of which day his lordship be please to decree that it shall be refer to  the master to take a account of the personal estate of sir Thomas Drury come  to the hand of the respondent and of his debt and funeral expense which be to  be pay out of his personal estate in a course of administration and his  lordship declare that the respondent be a infant at the time of her execute  the indenture of the that of October be not bar of her dower in the intestate  real estate nor of her share of his personal estate under the statute of  distribution and therefore his lordship order that so much of the bill as seek  to bind the respondent by the say agreement shall stand dismiss and that the  clear surplus of the say intestate personal estate after payment of his debt  and funeral expense shall be divide into three equal part whereof one three  part be to be pay to or retain by the respondent as her share thereof under  the say statute and the other two three part thereof be to be invest in the  purchase of three per cent bank annuity in the name and with the privity of  the accountant general in trust in the cause for the benefit of the appellant  the countess of Buckinghamshire and humorous catherinam Drury respective until  they shall attain their age of year and he be to declare the trust thereof  accord subject to the further order of the court and if the say two three part  belong to the appellant respective or any part thereof have be thentofore  invest in government security the same be brown to be transfer to the say  accountant general in trust in the cause for the say appellant respective  benefit and he be to declare the trust thereof in like manner and the  appellant be to be respective at liberty to apply to the court for further  direction relate thereto as there shall be occasion and direction be give  concern the allowance for the maintenance and education of the appellant and a  receiver who have be before appoint of the intestate real estate under a order  make in the cause be to be continue until the further order of the court and  to pass his account before the master and to pay one three part of the clear  yearly rend of the say intestate real estate from time to time as the same  shall be receive by he to the respondent in lieu and satisfaction of her dower  and the other two three part of such clear yearly rend from time to time as  the same shall be receive into the bank with the privity of the say accountant  general to the account of the cause and direction be give for place out such  two three part of the say rend from brown er p time to time for the benefit of  the appellant the countess of Buckinghamshire and humorous catherinam Drury  and all party be to be pay their cost of the suit to that time to be tax by  the master out of the intestate estate and his lordship reserve the  consideration of subsequent cost until after the master shall have make his  report soon after pronounce this decree videlicet on the that of July the  appellant the earl and countess of Buckinghamshire intermarry and the cause  have be duly revive on that occasion the present appeal be bring to reverse  the decree on behalf of the appellant it be argue c York g Perrot that the  right of dower which a wife acquire by marriage in the land of her husband do  not arise from contract but be give by the law and be exact the same whether  she be of full age or not it be a freehold estate for her own life in one  three of all the land in which her husband be at any time seize of a estate of  inheritance during the marriage this provision for the wife be a freehold  interest no provision can bar it by way of collateral satisfaction for by the  rule of the commonlaw a release or confirmation or a act endure to those  purpose can alone bar a right of freehold but a release she can not give  before marriage because she have then no title to dower and a fine she can not  be compel to levy after marriage because that conveyance must be her voluntary  act the consequence be that she must at all event be entitle to one three of  her husband estate be it ever so large and her own fortune ever so small such  a inequality be one of the reason which induce man to feoff other in their  land to use and the commonlaw take no notice of the use it frequent happen  that wife have no provision at all hence arise the practice of make jointure  by the husband procure the feoff to convey part brown of the land to husband  and wife in such manner as to give the wife a estate for life at least but  after the jointure make if the husband become seize of a estate of inheritance  in other land the wife become entitle to dower out of such new acquire land  and to her jointure also so that no contract can stipulate one fix provision  for the wife but by the statute of use Henry VIII which transfer the legal  estate to the owner of the use a rule better adapt to the convenience of  family be establish it be necessary to insert clause in that law to prevent  wife who have jointure already make upon they from take any further provision  by way of dower out of those land in consequence of the legal estate or  possession execute to the use in their husband by force of the statute and the  same rule which be establish for that age be make perpetual namely that no  woman have a jointure settle upon her before marriage shall claim or have  title of dower so that in all case where jointure be make the subsequent  marriage which at commonlaw give a title of dower after this act give no such  title and the jointure be make a statutable provision for her in lieu of the  provision at the commonlaw it do not therefore depend upon the consent of the  wife that the jointure take away her right of dower but have the jointure she  never gain any title to dower that this act give no colour for the  constructive exception of infant insist on by the respondent the word eat  general every woman marry have jointure make shall not claim nor have title to  any dower this include infant as well as adult and if the parliament have mean  to distinguish between the two case it will have be necessary to except infant  in express term and not have leave it to construction only for at the time of  make this law there must have be numerous instance of jointure infant and the  single case in which it be probable that the wife may be injure by the  influence and power of her husband to bar her of dower by a jointure be that  of a jointure after marriage which case be express provide for by the act that  the wife after the death of the husband may elect between the two right but if  infant be not bind by their jointure no special provision be insert in the  statute to compel they to a election where the husband be seize of the legal  estate in his land they will take not only their dower but their jointure also  which be contrary to the whole spirit of the act it be never mean that any  woman shall have jointure and dower both if infant have be except that  exception will have be to their disadvantage by prevent their marriage at that  time most lady of fortune especial land fortune be marry before they be of age  by reason of the advantage which accrue from their marriage to the lord under  who the tenure be derive and in fact woman be most frequent marry under age  but if they can brown er p not bar themselves during their infancy from claim  dower by brown accept jointure such marriage can not prudent he have in family  of wealth and rank dower though a just and honourable provision for the wife  be a right inconvenient to the heir preventive of the free use and improvement  of his land and in great estate a far more ample provision than can be in  reason demand or expect the legislature therefore intend that all woman  capable of contract marriage shall be bind by jointure make before marriage  which be presume to be settle by the advice of parent guardian and friend or  if make only with their own consent by the husband fair and without fraud  still it be think reasonable that she who the law allow to bind herself by the  marriage which be the principal contract shall be bind by a provision which be  accessary to that contract and a condition of it that accord to this  construction the opinion of lawyer have be uniform that a jointure make before  marriage upon a infant be a bar of dower and on this presumption settlement  have be make upon infant in many family of this kingdom in the various  instance of jointure make before marriage upon infant none can be find either  in authority or experience where it have be adjudge or insist on and yield in  fact that a widow may waive a jointure before marriage on account of infancy  and claim her dower that the long unvaried practice of the court of chancery  give a full sanction to this construction of the statute by direct on every  application for the marriage of a infant female ware of the court that a  master shall see a proper settlement make on such infant by way of jointure  whence it may be presume that the court always understand that such settlement  and jointure will be effectual and bind in law on both the party intend at the  same time to lend its aid and judgement to the infant ware as her best  guardian and protector but it be object I that general word in statute  especial in a enable statute as for instance the statute of will do not extend  to infant but by this construction of the statute in question a infant wife  will be enable to bind her right of dower in the land of her husband without  express word and two that if infant be bar by this act they will be liable to  be defraud by settlement of jointure inadequate to their fortune as to the  first objection it be submit that the rule of law be otherwise and that infant  be bind by general word unless except of which example may be give it be true  that the statute of will Henry VIII enable person general to dispose of their  land by another mode of conveyance than be allow at commonlaw but by the  explanatory statute Henry VIII feme covert person under etcetera be express  restrain by proviso otherwise it may have be doubt whether they be not enable  beside the legislature see the absurdity of give infant a power to dispose by  will which be a informal conveyance and often make in limit who can brown not  dispose by deed which be attend with great restraint solemnity and notoriety  at commonlaw but as to the matter in question the statute be not a enable but  a disable law ground upon special reason for the convenience of family and  consequent for the early advancement of infant woman by disable such infant  from claim dower for who jointure shall be provide upon their marriage and as  to the second objection if such fraud be apparent or full prove a court of  equity will relieve in which case they will be entitle to dower a jointure set  aside by proper authority be as no jointure and not within the statute it be  further argue on behalf of the appellant that as to the marriage agreement in  the present case the form and pen be inaccurate if the substance of it have be  extend in proper conveyance of a freehold in land it will have bind the  respondent by the statute as a jointure and though it rest in covenant and  contract and be executory only it be equal bind in equity as a contract  execute it do not indeed in word stipulate a jointure of freehold in land but  it do so by construction because it stipulate a annuity or yearly sum clear of  tax during life for and in the name of her jointure which be define by Lord  coke to be a competent livelihood of freehold in land for the life of the wife  to take effect present in possession or profit after the decease of the  husband but suppose the right to a jointure in land under this agreement to be  doubtful yet a court of equity see it to be a ample provision stipulate before  marriage and express accept by the respondent in bar of dower it be therefore  immaterial whether it covenant for a proper jointure within the statute or  whether the provision be to arise out of copyhold or personal brown er p  estate a collateral satisfaction may bar dower in equity though not at  commonlaw it be a agreement enter into with the consent and attestation of her  guardian and great for her advancement her portion do not exceed pound the  annuity stipulate be pound per and she want scarce three month of and though a  infant at the time of the agreement she have be for some year capable of  contract that marriage to which this provision be incident and conditional her  own land of inheritance can not be bind during her minority but the question  in this cause relate only to a right accrueing to her on the marriage out of  the real estate of her husband which stand liable to make good the jointure  and the marriage which can not be rescind be in fact have upon the faith of  the agreement to bar that right but the argument be strong if possible as to  the personal than the real estate of the husband for even if a infant can not  be preclude either in law or equity from elect dower after the death of her  husband out of the land it must be admit that the husband can by will or  otherwise have give his personal estate away at his pleasure and that her  right in that respect be contingent and arise as much brown from the husband  intestacy as her marriage probable sir Thomas Drury omit to make a will rely  upon the validity of this instrument and as the respondent have bar herself by  accept of such a compensation from claim any part of his real or personal  estate beyond her annuity he know that the law will give the whole to his  child as effectual as a will and thereby correspond with his own intention on  the other side it be contend f Norton t jewel that before the statute Henry  VIII c no jointure make on a woman though of the age of year be bind or  conclusive on her but she may waive such jointure and claim title to a three  part of the real estate which her husband be seize of or entitle to in fee or  in fee tail at the time of her marriage and at any time during the coverture  but since that act a jointure make upon a woman of full age previous to her  marriage be conclusive upon her in case such jointure be make of land and  tenement to take effect in possession or profit present after the decease of  her husband and be for the term of her own life or a great estate or otherwise  she have it in her election to take the jointure or dower and so likewise if  the jointure be make after marriage that it be not to be conceive to have be  the intent of this act that a jointure make before marriage on a woman under  age shall be bind and conclusive on her as the law be then and have ever since  continue to be clear and undoubted that no conveyance or acceptance of any  real estate whether by or under a fine recovery or other deed can or now can  bind a infant either male or female and if the legislature have intend that a  infant female shall be bind by such a jointure make upon her before marriage  care will have be take that so remarkable a alteration of the know law of the  land shall be clear so express especial as it must be agree that this act be  not bind on the husband a infant make such jointure but be absolute void and  when he come of age he may total disavow the same and there seem to be as much  reason to suppose that the maker of that act intend if any infant be to be  bind at all that both male and female shall be equal so and the legislature  will probable have make some provision that jointure make by or upon infant  shall have be execute with such solemnities and under such guard and caution  as may have effectual prevent any fraud or imposition or be otherwise  injurious to infant execute the same that if the doctrine of a female be in  all event bind by that statute though a infant of the age perhaps of twelve  year shall once clear be establish it may give occasion to the practice of  great fraud and be productive of the great mischief and inconvenience for in  such a case a man of a great real estate may engage a infant of only twelve  year old to marry he and by his settle any small part of his real estate on  her by way of jointure may bar her of dower out of his estate at the same time  that he in right of such marriage acquire a absolute brown property in all her  personal estate that if a infant upon the construction of the act Henry VIII  be intend to be bind by a jointure of land though of ever so little value make  upon her previous to the marriage yet in the present case there be no jointure  of land make upon the respondent for sir Thomas Drury in consideration of her  present and future contingent fortune only covenant that his heir executor or  administrator in case the respondent shall survive he shall pay to her during  her life the yearly sum of pound which in law can not be consider within the  intent of the act as it be neither a grant of land brown er p nor of any  interest or estate out of land and though a woman of full age may agree to  accept a settlement of land from her husband whereof he be at the time of the  marriage seize of the reversion or remainder or remainder expectant on two or  more life or of a more remote remainder or of a leasehold or other personal  estate in bar of dower which will be bind in a court of equity though not good  in law as she be a adult and capable of dispose of her whole real and personal  estate as she please yet there be no instance that a infant be ever bind by  any such provision or agreement it be well know that the law have always  consider infant as incapable of dispose of their property either real or  personal or of bind themselves to do any act relate thereto there be therefore  no foundation in equity to say that the respondent be in all event bar of her  dower by a covenant only without any real security whatsoever for the  performance of it so that her husband may before his death have dispose of all  his real and personal estate and leave the respondent destitute of all  provision with no other recourse than to a personal covenant but suppose the  respondent bar of her dower in consideration of the annuity yet she can not in  any event be bar of any right which the law have give her to a three of her  husband personal estate that be a matter absolute foreign to and can not  possible fall under the consideration or construction of the statute Henry  VIII or the equity of it which relate only to real estate and it be apprehend  that there be no foundation for equity to confirm the agreement of a infant to  waive her distributary share of her intend husband personal estate such  agreement be altogether unnecessary as the husband notwithstanding the  marriage have a absolute power over his personal estate during his life and  may if he think proper dispose of the whole of it from his wife by will though  no agreement be enter into by the wife to waive her contingent interest  therein under the statute for settle intestate estate and it be conceive that  no instance can be show that any agreement make by a infant can bar he or her  of any contingent possible right or interest either in a real or personal  estate it have be however object by the appellant that a contract for marriage  and for make a provision for the husband brown or wife and issue of the  marriage be one entire contract and that the marriage be have which be the  principal and essential part of the contract the agreement make thereon  previous to marriage ought to be perform and carry into execution by both or  either of the contract party though both or either of they be at the time of  the agreement and marriage under age but it be conceive that there be no  foundation for any such rule either in law or equity for though the marriage  take place and can be rescind by non performance of the agreement yet  settlement or agreement for settle by a infant husband any of his land or  personal estate by way of provision for himself and child can be bind upon he  unless he assent thereto after he come of age nor can any settlement or  agreement for a settlement by a infant wife on the husband as a provision for  he and her and the child of the marriage bind her during the coverture nor  afterward unless she assent thereto so that in all case of this kind if the  husband when of age refuse to abide by his agreement or if the wife after she  become a feme sole also refuse to abide by her contract the consequence must  be that the husband will be entitle to the personal estate of his wife and to  be tenant by the courtesy of her real estate and she will be entitle to dower  out of her husband real estate and to such part of her personal estate as be  not receive by her husband in like manner as if no settlement or agreement for  a settlement have be make by both or either of they before marriage and  therefore it be hope that for these reason the decree appeal from will be  affirm after hear counsel on this appeal it be propose to ask the opinion of  the judge as to a point of law and they be accord direct to deliver their  opinion to the house upon the follow question videlicet whether a woman marry  under the age of year have before such marriage a jointure make to her in bar  of her dower be thereby bind and bar of dower within the statute Henry VIII c  and the judge differ among themselves they be order to deliver their opinion  seriatim with their reason accord Mr baron gold the Lord chief baron and the  Lord chief justice of the common plea deliver their opinion in the negative  but the rest of the judge namely Mr justice Wilmot Mr justice Bathurst Mr  baron Adam and Mr baron Smythe deliver their opinion in the brown er p  affirmative whereupon the follow order and judgement be make videlicet it be  order and adjudge that so much of the say decree whereby a account be direct  to be take of the personal estate of the intestate sir Thomas Drury come to  the hand of the respondent or to the hand of any other person for her use and  also of his debt and funeral expense which be to be pay out of his personal  estate in a course of administration be and the same be hereby affirm and that  the residue of the say decree be and brown the same be hereby reverse and it  be hereby declare that the respondent be bind by the agreement enter into in  consideration of and previous to her marriage with the say sir Thomas Drury  and that the same ought to be perform and carry into execution and that the  respondent be thereby bar of her dower and of any share of the say sir Thomas  drury personal estate under the statute for the distribution of intestate  estate and it be hereby further order and adjudge that it be refer to the  master to who this cause stand refer to see a sufficient part of the say sir  Thomas drury personal estate set apart and invest in trustee to be approve of  by the say master upon trust to secure and satisfy to the respondent a annuity  or yearly rentcharge of pound per and clear of all tax and deduction  whatsoever during her life for and in the name of her jointure and in full  satisfaction and bar of her dower or of any share or distributary part of the  say intestate personal estate accord to the say agreement and to be pay to her  half yearly and that the same be answer and pay to her accord without  prejudice to any agreement which may have be enter into between the respondent  and the appellant the earl and countess of Buckinghamshire to charge one half  of the say annuity upon the real estate of the say sir Thomas Drury and to  discharge their moiety of the personal estate therefrom and that the surplus  of the income or produce of such part of the say personal estate as shall be  so set apart be divide and apply in such manner as the clear residue of the  say personal estate be herein after direct to be divide and apply and that the  say master do take a account of what be or shall become due to the respondent  for the arrear of her say annuity of pound per and from the intestate death to  the time that a sufficient part of the say personal estate shall be set apart  and invest in trustee as aforesaid and that the same be pay to her or allow to  her in the account direct by the say decree and that after the appellant  humorous catherinam Drury shall have attain her age of year the respondent be  at liberty to apply to the say court of chancery to have her say annuity  charge upon and secure by and out of the real estate of the say sir Thomas  Drury or such part thereof as shall not have be before charge upon the say  real estate if she shall think fit and in that case or in the case of her  death that so much of his personal estate as shall be so set apart as  aforesaid be after all arrear thereof satisfy discharge therefrom and apply  and dispose of as the clear residue of the say intestate personal estate be to  be apply and dispose off and that the say master do inquire what jewel or  other thing the respondent be entitle to for her paraphernalia and that the  same be retain by or deliver to her and that the clear surplus of the say  intestate personal estate after payment of his brown debt and funeral expense  and what shall be so set apart as aforesaid be divide into moieties whereof  one moiety be declare to belong to the appellant the earl and countess of  Buckinghamshire in right of the say countess subject to such agreement as be  enter into between they upon and in consideration of the marriage and the  other moiety to belong to the appellant humorous catherinam Drury pursuant to  the beforementioned agreement enter into on sir Thomas drury marriage and that  the appellant the earl and countess of Buckinghamshire be at liberty to apply  to the say court of chancery for direction touch the payment and disposition  of their moiety of the say clear surplus and the income and produce thereof as  they shall be advice and that the say master do inquire what be proper to be  allow for the maintenance and education of the appellant the countess of  Buckinghamshire from her say father death till her attain her age of year and  for the maintenance and education of the appellant humorous catherinam Drury  from her say father death for the time pass and to come till she shall attain  her age of year or be marry and state the same to the say court and that what  shall be so allow for the time pass be pay or allow to such person as have  maintain they respective and for the time to come to the person by who the  appellant humorous catherinam shall be brown er p maintain out of the income  or produce of their respective moieties of the clear surplus of the say  personal estate and of the rend and profit of the say intestate real estate  and that the receiver who have be appoint by a order of the say court of  chancery of the rend and profit of the say intestate real estate be continue  till the further order of the say court and pass his account before the say  master and that the appellant the earl and countess of Buckinghamshire be at  liberty to apply to the say court for payment of what shall be come to they  upon the say account for the say countess share of such rend and profit in  like manner as be before direct touch her share of the surplus of the say  personal estate and that what shall be find due to the appellant humorous  catherinam Drury for her share of the surplus of the say personal estate and  of the income and produce thereof and for her share of the rend and profit of  the say real estate after deduct thereout what shall be allow for her  maintenance and education as aforesaid be place out upon government or real  security for her benefit in the name and with the privity of the accountant  general of the say court to be place to his account in this cause subject to  the further order of the say court and that the say master inquire whether the  same or any part thereof have be already place out on any such security and if  the say master shall find they to be proper that the same be continue and that  so much of the appellant humorous Catherinas share of such rend and profit as  be in the say receiver brown hand and so much as shall hereafter be receive by  he for such share be pay into the bank in the name and with the privity of the  say accountant general to be place to his account in this cause for the say  humorous catherinam drury benefit subject to the further order of the say  court and that the say appellant humorous catherinam Drury be at liberty to  apply to the say court for payment to her of what shall be coin to her on the  account before direct or for the transfer or assignment of any security on  which the same or any part thereof shall have be place out when she shall  attain her age of year or be marry and that the say master do inquire whether  any thing and what be proper to be allow for keep up the mansionhouse park and  premise usual occupy therewith during the minority of the appellant humorous  catherinam Drury and state the same with his opinion thereon to the say court  and it be further order that in take the several account before direct the say  master do make to all party all just allowance and that all the party be pay  their cost of this suit to this time to be tax by the say master out of the  say intestate estate and that the consideration of the subsequent cost and of  all further direction be reserve till after the say master shall have make his  report and that all party be at liberty to apply to the say court of chancery  as there shall be occasion and that the say court do give all necessary and  proper direction for carry this judgement into execution jour vol p error