case Powell versus morgan see Beam v Sutton Bea v Adam v Adam Ch master of the  roll in court novemb Eq can ab pl pl S c by a marriage settlement land be  limit to the husband and wife with remainder to their first c son and then a  term for year to secure portion for daughter the husband die leave only a  daughter upon who the inheritance descend the daughter die a infant and indebt  and dispose of her portion by her will equity relieve against the merger of  the portion post case legacy give on condition the legatee shall not dispute  the will legatee commence a suit whereby he contest the validity of the will  yet no forfeiture of the legacy if there be worthy of approval causan to  dispute by a marriagesettlement land be settle on the husband and wife and  their first and other son in tail male and for want of such issue a term for  year Vernon chancery case be limit to the daughter for raise portion remainder  to the issue male of the father remainder to his right heir the husband die  leave issue one daughter only who be also heir at law to the father she die a  infant and indebt but make a will and devise away the portion charge on the  estate and give the plaintiff who be her heir at law a legacy upon condition  that he do not disturb or interrupt her will the plaintiff afterward contest  the validity of the will and insist that the term be merge in the daughter as  be also heir at law vide Norfolk v Gifford post Chester v will Amb Thomas v  Kemys post the court upon the hear relieve against the merger and decree the  portion to go accord to the will of the daughter the point now before the  court be whether the plaintiff have forfeit the legacy by contest the validity  of the will per cur there be worthy of approval causan to dispute and it be  not a forfeiture of the legacy Reg lib b fol a condition that legatee shall  not dispute the will have be in several case consider as mere in terror Lloyd  v Spillett p wms atk SC morris v Burroughs atk so under circumstance a release  of all demand on the estate of testator Popham v tailor bro Ch Rep Vernon  chancery case er p by it seem if the legacy be give over cleaver v spurling p  wms et vide the other case cite in note to web v web p wms but there be a  class of case where legacy give upon condition that legatee shall release the  executor and all claim on the testator estate or that he shall not disturb the  trust of the will in which under circumstance the condition have be enforce  haw v Warner post Lord Mohun v duke of Hamilton bro p c earl of Northumberland  v Lord Egremont Amb Popham v tailor ub sup the principle of these condition be  compare to the principle of condition that legatee shall marry with consent  per master of the roll cleaver v spurling ub sup as to which see Peyton v bury  p wms that edition and case cite in note there