case John Trevor and other the young child OF sir John Trevor appellant and  edward Trevor Esq son and heir of sir John Trevor late master of the roll  respondent S c affirm bro p c and ed distinguish Cordwell v mackrill Amb Eden  discuss Jones v Morgan bro c c refer to Brennan v Fitzmaurice ir Eq r discuss  and apply Rochfort v Fitzmaurice dr war refer to in re Griers estate ir r Eq l  r h l if a in consideration of marriage covenant to settle his estate within  two year to the use of himself for life without impeachment of waste with  remainder to his wife for life remainder to his heir male in tail special  remainder to the heir of the body of such heir male with remainder to his own  right heir and that he shall stand seize to the say use until a settlement  shall be make and then without make the settlement levy a fine and afterward  declare different use and die leave a large estate to descend to his old son  to who use no part of the estate be declare under the fine equity will decree  a settlement to be make pursuant to the use declare in the marriagearticle S c  viner Abr S c Eq Abr S c Mod S c Peer wms S c Eq ab S c bro p c S c viner Abr  S c viner Abr sir John Trevor by article date the twentythird October in  consideration of a marriage then intend to he have between he and jane  Puleston the widow of Roger Puleston and of the affection he do bear to the  say jane c do covenant with William Salisbury Esq and sir Richard Lloyd  trustee therein name and their heir before the end of two year then next ensue  to settle and assure to they and their heir as their counsel shall direct all  that the capital message call Brynkinalt and other land therein mention in the  county of Denbigh and Salop be the ancient seat of the family and all the  estate be then have either in England or Wales about the yearly value of two  hundred and fifty pound to the several use in the say article mention  videlicet to the use of the say sir John for life without impeachment of waste  then to the use of the say jane for life and after her death to the use of the  heir male of the body of the say sir John on the body of the say jane to be  beget and to the heir male of such heir male lawful issue and for default of  such issue to the use of the right heir of the say sir John Trevor for ever  modern report and for a far strengthen the say article sir John do thereby  covenant that if the use and limitation therein be not well raise accord to  the intent and meaning of the say article that he and his heir will stand and  be seize of the premise until such time that a far assurance thereof shall be  make to such use and use as be therein before declare the marriage take effect  and sir John have issue by the say jane the respondent Edward his old son and  heir bear the five of No ember and John Arthur Tudor discretion and whether  now lady Middleton the appellant but no settlement be make pursuant to the  aforesaid article and sir John and his lady have some prejudice against Edward  the old son levy two fine of the modern report er p land comprise in the say  article in the year unto sir John Wynn and Edward Vaughan and about seven year  afterward videlicet September they do by deed declare the use of the say fine  to sir John for life then to the say jane for life and after their death then  to John his second son and the heir male of his body with the like remainder  over to Arthur and Tudor Trevor successive remainder to his two daughter  discretion and whether and the heir of their body remainder to the right heir  of sir John Trevor for ever and as a inducement to levy the say fine and to  declare the use thereof as in the say deed be mention several act of  undutifulness be therein recite but none prove in the cause and also the  marriage of the say Edward with one mary Stains against his father consent who  be prove to be bear and breed a gentlewoman and of a sober and virtuous  behaviour which marriage be not until six or seven year after the say fine be  levy and it be also recite in the say deed that if the say Edward shall have  the land comprise in the say article then sir John and his lady will be enable  to make provision for the young child sir John Trevor when he execute the say  deed to lead the use of the say fine be seize in fee of several other land  which he purchase since his marriage of the yearly value of six hundred pound  and upward and be so seize he and the say jane do by lease and release and  fine levy settle the same together with other land which modern report be the  inheritance of the say jane to the use of himself and the say jane for their  life remainder to John their second son in tail male remainder in tail to his  other child as in the former settlement afterward sir John purchase other  estate in fee which upon his death descend on Edward his old son and heir and  also some small parcel of land comprise in the say article which be not settle  by the deed in September the lady Trevor die in August and sir John die  intestate that may and afterward some dispute arise among his say son and  daughter concern his real and personal estate and who shall administer a  commission of inspection be award and upon the execution thereof the say  article be find in a small trunk with some jewel of value which sir John have  deposit in the hand of one Evan Lloyd for safe custody and then Edward Trevor  the respondent get a copy thereof after the death of sir John his second son  John enter on the land comprise in the say article under colour of the  settlement in September and he and his brother Arthur Trevor who be  administrator to his say father get into their hand all the deed and write of  all his estate thereupon the say Edward exhibit a bill in chancery in October  against all the now appellant and other and among other thing pray that the  say article may be bring into court and to have a S specific performance  thereof and a conveyance make as therein mention the defendant put in their  answer in which Arthur the administrator confess that the say article be in  his possession and they all insist that the same ought to be consider as a  complete settlement and that sir John their father have thereby a estatetail  which by their fine in and by the deed to lead the use thereof in September be  dock and the land vest in the second son John Trevor in tail male with  remainder over but if the say article shall be look on as executory and as a  agreement for a far conveyance or settlement in such case Edward the  respondent have other land descend on he from his father of a far modern  report great value than those comprise in the say article beside his share of  the personal estate which ought to be take as a satisfaction for the land  agree to be settle on he by the article and for that reason he ought not to  have a specific performance thereof upon hear this cause in June the Lord  chancellor a Lord Parker a decree that John Trevor and all the defendant shall  execute conveyance of all the land comprise in the say article and which be by  the deed twentyninth September settle or convey to the defendant John Trevor  with such remainder over as therein be mention to the use of Edward modern  report er p Trevor the respondent and the heir male of his body with the like  remainder to John the second son and to Arthur and Tudor successive in tail  male remainder to discretion and whether and the heir of their body remainder  to the right heir of sir John Trevor for ever and as to the other land in the  say article which come to the say Edward by descent from his father that the  say Edward shall convey they to the use of himself and the heir male of his  body with the like remainder over to the defendant John Arthur and Tudor  Trevor successive remainder to the right heir of sir John Trevor for ever and  for that purpose that the party shall levy and suffer such fine and recovery  as the case shall require but at the charge of Edward Trevor which decree the  respondent by his counsel insist to be just for the reason follow first for  that by the scope of the article they be never design to be a settlement be  only a bare agreement bow and to what use and purpose the land therein  comprise shall be settle for by the first part thereof sir John do covenant  within two year to settle and assure the say land to the trustee and their  heir as they and their counsel shall direct to the several use in the say  article mention and also in the say settlement as shall be agree on c  videlicet to sir John and his assign for life without impeachment of waste and  after his death then to the say jane for life and after her decease to the  heir male of the body of sir John on the body of the say jane to be beget c  modern report nor can the covenant to stand seize in the latter part of the  article be take as a final settlement from the very word and precedent part  thereof for it be only provisional and to stand in force till a settlement  shall be make in form and such a settlement which will answer the intention  and agreement of the party neither can it be presume that sir John shall have  a great estate than for life nor that it shall be in his power to defeat his  heir male of that provision and estate which by the article be intend to be  make for he because the article be find upon the consideration of his marriage  and of the affection he do bear to his intend wife and to the heir male of  their body to be beget so that the consideration extend as well to the issue  male of that marriage as to the wife beside the estate be express limit to sir  John for life without impeachment of waste which will have be in vain if he  have be tenant in tail because in such case he will have be dispunishable of  waste moreover the land be direct to be limit after his death and after the  death of his intend wife to the use of the heir male of their body to be beget  and to the heir male of the body of such heir male issue so that the first  word be only a description of the person who be to take videlicet the first  and other son c and the subsequent word show what estate they be to take  videlicet to the heir male of their body now these article can not be  effectual perform without limit the estate over to trustee to preserve  contingent remainder and in such manner that it may come to the first and  other son of that marriage and can never be intend to give a power to sir John  to defeat his lady of her estate for life or the first and other son of that  marriage from take it after the death of the survivor nor can it be presume  that the trustee will have agree to such a settlement as to the point insist  on by the defendant that the respondent Edward have receive a full recompense  and satisfaction for that estate which he be to have by the article by his  father suffer his Irish estate to descend to he this be altogether immaterial  a see Wilcox v Wilcox vern Bland v Widmore Peer wms letchmere v earl of  Carlisle Peer wms a because Edward the old son do not come for satisfaction or  recompense by way of damage which be quite out of the case but he claim a  right as a purchaser to the specific land and modern report tenement comprise  in the marriagearticle and desire that the same may be settle pursuant  thereunto and that against the defendant who now claim under a voluntary  conveyance make to defeat those article which conveyance be not make in favour  of young child who have no other provision for they be otherwise plentiful  provide for the say John modern report er p Trevor the second son have a  estate of six hundred pound ayear by the settlement in October and there be a  ample provision for the rest by the respective share of the personal estate of  their father after a long debate the decree be affirm b brown case in  parliament see also Jones v Laughton Eq case Abr Nandick v Wilkes Eq case Abr  cusack v cusack bro p c west v Erissey Peer wms Robinson v Hardcastle term Rep  highway v banner brown c c b modern report the first OF may in the house OF  lord