brier and boulton power error of judgement in Lancaster in replevin where  avowry be make by settlement with power to Roger by deed or last will to give  or devise to any young child unmarried or what on marriage be agree to be pay  a annuity out of the twenty acre in question to continue so long as the  daughter portion or what be agree on marriage be unpay after the devisor death  or any part until they receive l a piece that after this the devisor agree to  pay to the defendant boulton l marriageportion and for a year arrear the  defendant avow the plaintiff aver marriage against consent and traverse the  agreement which be find not to be on marriage but to be by grantor with  grandmother of the avowant in her absence to provide for the daughter and if  this be a agreement within the power be doubt Weston for the plaintiff in  replevin that the father power be to secure the husband of his daughter and  the agreement be find to be without any prospect of marriage and destroy by  marriage without assent so the bar have be ill on demurrer this agreement be  not intend every discourse but such as may be a provision of the daughter and  not to exclude the father power on marriage this agreement be fact and the  find it special be ill as   chancellor of Oxons case levins for the defendant  in the writ of error avowant the traverse be without hoc that the father do  agree to give marriageportion which be full find by find this deed for the  daughter provision which be of the same sense and this be sufficient to raise  a use whither it be on marriage or not or whither there be any agreement or  not and must be intend that whatever be agree or un Keble pay at the grantors  death shall be pay and this be a present security and can leave it arbitrary  in the Keble er p father to give her any thing or nothing so the power be well  execute by grant on the late agreement be say in execution of the power wile  justice hold this verdict but evidence and ought to say agreement or not  agreement precise and so many circumstance will never make the issue which the  court agree but adjornatur but the court conceive this agreement for provision  to be all one as for marriageportion be all and issue be on affirmative and  negative its well enough