case walter Byrne and another Appellants thomas acton respondent d February  Mews dig ten a tenant for life with power to grant lease for twentyone year or  three life agree to grant a lease for thirty one year hold that he be only  bind to grant such a lease as be warrant by the power the appellant Walter  Byrne be seize in fee of several house in Dublin and of several land in the  county of Wicklow and particular of three four part of the land of Killmacurra  and Knockattin as tenant in common with the earl of Ross who be entitle to the  other undivided four part thereof do in his minority marry Clare the daughter  of Christopher Mapas esquire but be then incapable of make any settlement of  his estate by reason of his infancy no provision by way of jointure can be  make for the wife and therefore her father will not give or secure to her any  marriage portion nor be she otherwise entitle to any however after the  appellant Walter have attain his age of twentyone the wife father agree to  charge his estate with the payment of pound as her marriage portion in  consideration that Walter will make a settlement of his estate upon the issue  of the marriage and secure a jointure for his wife and thereupon by indenture  of lease and release date the that and saint of march the appellant Walter  convey all his estate to certain trustee and their heir to the use of himself  for life remainder to the trustee to preserve the contingent remainder  remainder to the first and other son of that marriage in tail male remainder  to the appellant John Byrne in tail male with remainder over to several other  branch of the family and he charge brown the estate with pound per and  rentcharge as a jointure for the say Clare and it be thereby provide that it  shall be lawful for the say Walter Byrne during his life to make lease of any  part of the premise in the county of Wicklow for any term not exceed brown er  p three life or twentyone year and to make lease of any part of the premise in  the city of Dublin or suburb thereof for any term not exceed three life or  sixtyone year and the say Christopher Mapas by deed enrol of the same date  charge his estate with the payment of pound as the portion of his say daughter  with interest for the same the respondent have obtain a long lease of Lord  ross four part of the Wicklow estate apply to the appellant Walter for a lease  of his three four part thereof on which occasion he be inform that the  appellant Walter be restrain by his marriage settlement from make long lease  but it do not appear that the settlement be then produce however the  respondent be desirous of a long term and the appellant Walter imagine that he  have power to grant lease for thirtyone year do by indenture date the that of  February demise to one Laurence Byrne his executor administrator and assign in  trust for the respondent the say three undivided four part of the land of  Killmacurra and Knockattin for a term of thirtyone year from the that of march  then next at the yearly rend of pound and the lessee covenant to lie out pound  in improvement on the premise within the space of ten year from the  commencement of the term the other appellant John Byrne happen to be present  at the execution of this lease and the respondent be inform that by the  limitation of the say settlement the estate be to come to John on failure of  issue male of Walter make press application to both the appellant to come to a  agreement with he for a further term and accord article be on the same day  enter into between they for that purpose whereby Walter covenant that in case  at the time of the perfection of the say lease he have power to grant the say  demise premise for any long term than the say thirty one year from the say  that day of march he will perform the same that be to say that he the say  Walter Byrne shall and will perfect a lease of the say premise to the say  Laurence Byrne his executor administrator and assign for such long or other  term as he have then power to grant from the say that day of march under the  same covenant and agreement in the say lease mention and that in case he the  say Walter Byrne have not then power to grant and let the say demise premise  for any long term than the say thirty one year mention in the say lease then  and in such case the say Walter Byrne shall and will at any time or time  thereafter during the say term at the request and proper cost and charge of  the say Laurence Byrne his executor administrator or assign brown renew the  say lease and perfect a new lease of the say premise unto the say Laurence  Byrne his executor administrator and assign as often as he or they shall  desire the same for thirty one year from the time of every such request or  desire from time to time make at and under the same covenant and agreement in  the say recite lease mention the say Laurence Byrne his executor administrator  or assign first pay to the say Walter Byrne pound sterling for a fine for  every such renewal and the appellant John Byrne do by the say article covenant  that if at any time thereafter the premise shall descend or come to he after  the death of the say Walter Byrne then and in such case he the say John Byrne  shall grant and perfect a new lease of the say premise unto the say Laurence  Byrne his executor administrator or assigoms for such term of year as he have  power to grant and let the same not exceed thirty one year at and under the  same covenant condition and agreement in the say recite lease mention first  pay unto the say John Byrne or his assign pound sterling as a fine for such  grant or lease so make and to renew the same from time to time for thirty one  year as often as the say Laurence Byrne his executor administrator or assign  shall desire or require the same upon payment of pound sterling as a fine for  every such renewal Laurence Byrne by deed date the that of January declare  that the say lease and article be execute to he and that his name be make use  of therein in trust only for the respondent his executor administrator and  assign brown er p the respondent have lie out considerable sum in improve the  premise under a apprehension that he have a last interest therein by virtue of  the article apply to the appellant sometime in the year to grant he a further  lease thereof but they not ready comply with this request he on the that of  January exhibit his bill against they in the court of chancery in Ireland for  a specific performance of these article and that if there be any such  settlement they may be oblige to suffer a recovery of the premise in order to  qualify themselves to make the say lease and agreement good against the  defendant John and his issue male and those in remainder after he the  defendant by their answer swear that at the time of make the lease and article  the plaintiff have notice that the defendant Walter be restrain by his  settlement from make long lease and the defendant Walter insist that the  settlement be make for a valuable consideration and that he can make no lease  of the premise in question but for twentyone year or three life but that he be  always ready to renew to the plaintiff accord to his power and the defendant  John insist that he be under no obligation to make any lease to the plaintiff  until he be actual in possession of the premise and that in case the same  shall come to he he lie under no other obligation by the brown article than to  make a lease and renewal in pursuance thereof without suffer a common recovery  to the prejudice of his issue inheritable by the settlement on the hear of  this cause before the Lord chancellor on the that of November his lordship be  please to decree that the defendant shall execute a lease of the say three  four of the say land of Killmacurra and Knockattin to the plaintiff pursuant  to the article bear date the that day of February and refer it to a master to  prepare and settle a draft thereof and it be further order and decree that the  say defendant shall qualify themselves to make good the say lease by suffer a  common recovery of the say land and that the plaintiff may make up and inrol  his decree with cost but from this decree the defendant appeal insist p York c  Phipps that the respondent at the time of take the lease have notice of the  settlement as appear by the article which be execute at the same time with the  lease and that the settlement have be fair execute for a good and valuable  consideration and the appellant Walter be thereby strict tenant for life with  a power only to make lease for twentyone year or three life the court of  chancery on hear that settlement read ought to have direct he to make such  lease only as he have thereby power to grant and that point ought to have be  clear and precise determine by the court without any reference to the master  that the appellant John be not bind by the article to grant any lease of the  premise until they shall descend or come to he and yet by the decree he be  order to execute a lease immediate and as to the recovery which the appellant  be immediate to suffer it will amount to a absolute forfeiture of the  appellant Walter estate will be manifest prejudicial to the issue male of the  appellant John and yet can no way qualify or enable Walter to grant the lease  that the respondent do not apply to the appellant for a further term pursuant  to the article otherwise than by exhibit his bill in the court of chancery and  before that time he have in a manner finish his house and other improvement  which be in this case the less to be regard as the respondent have a lease for  life renewable for ever of Lord ross undivided four part of the premise and  may probable lie out his money with a view of get the house and improvement  allot to Lord Ross whenever a partition shall be make beside the respondent be  by express covenant bind to lie out pound in improvement and whatever he have  expend above that sum be for his own pleasure and convenience and the future  term which the appellant be in all event bind to grant may be a sufficient  inducement for make large improvement than have be make on the premise by the  respondent on the other side it be contend r Raymond S mead that the  settlement be only a voluntary settlement be confess to have be make after  marriage without any previous article of agreement brown or any money pay as a  consideration for the same but if the settlement be for a valuable  consideration yet the appellant ought to perform their agreement because it be  in their power brown er p to do so and that the appellant John ought more  particular to make his agreement effectual so as to bind his issue and those  in remainder after he because he may happen to die before Walter and in that  case the respondent will be deprive of the benefit of his improvement and  though this can not be do otherwise than by a common recovery yet by the  concurrence of Walter who have no issue such a recovery may be suffer without  any prejudice thereby accrueing to Walter that the appellant have be guilty of  a manifest fraud upon the respondent by have conceal the settlement and not  enter the same in any office whereby it may be know and that the respondent  have not in fact any notice thereof until after he have make all his  improvement which amount to five time the value of the inheritance but after  hear counsel on this appeal it be order and adjudge that the decree shall be  reverse and it be further order and adjudge that the appellant Walter shall  forthwith execute a new lease of the premise in question to the respondent  accord to the power reserve to he by the settlement for three life or  twentyone year at the respondent election upon the term of the article and  shall in like manner from time to time renew or execute a new lease or lease  to the respondent his heir executor administrator or assign for three life or  twentyone year at the election and upon the request of the respondent his heir  executor administrator or assign upon the term of the article and that the  appellant John in case he shall survive the appellant Walter shall after the  premise shall come to he from time to time execute or renew a lease or lease  thereof accord to the statute enable tenant in tail to make lease for three  life or twentyone year to the respondent his heir executor administrator or  assign at his and their election and request upon the term of the say article  and that the court of chancery in Ireland shall take care to see this  judgement put in execution and from time to time give all proper direction for  that purpose and to give the respondent his cost of suit in that court and  subsequent cost to either party as that court shall see cause jour vol p