case Savile versus blacket Lord chancellor Macclesfield Eq can ab pl pl tenant  for year if he so long live with power of charge the premise with sum of money  join in suffer a recovery and declare the use thereof this extinguish the  power of charge the estate a settlement of land be make to the use of a for  year if he shall so long live remainder to trustee during the life of a c  remainder over with a power to a peer William er p to charge the land with  peer William diverse sum of money a the trustee and the remainderman in tail  join in suffer a recovery and declare new use thereof videlicet to the use of  a for life with remainder over Lord chancellor this join of a in make the new  settlement without reserve a power to charge the premise with the say money  have destroy that power which a have of charge for the contrary construction  will enable he to defeat his own grant there be two sort of power one annex to  the estate as a power to make lease c which be destroy by part with the estate  another which may be term collateral to the estate as this power of charge it  with money and this last a will have have though he shall have survive the  term of year for still he may have charge the premise therewith so may he have  do though he have assign over the term but have join in the new settlement he  must not now derogate from his own act or undo what he have do before then  another question arise upon the will of a whereby he have bequeathe pound to I  S out of these land and it be insist that though this may not be good as a  charge it shall nevertheless take effect as a legacy which be not hurt by make  a additional security for it and therefore if one shall grant a annuity out of  the manor of dale to which he have no title though this can not operate as a  charge upon the manor yet will it be good as a grant of a annuity to charge  the person for that the main intent of the testator be to give this legacy to  I S the legatee shall have it one way or another either out of the land or  personal estate peer William Lord chancellor here be a particular provision  for this legacy of pound now it be possible for a legacy to be charge in such  a manner upon a certain fund as that upon its fail the legacy shall be lose it  be material that this bequest be ground upon a power and may be think no more  than the execution of that power which if void must of course be a void  bequest also it be likewise observable that the will give the residue to the  testator old son so that to make this legacy good the child who be the legatee  and otherwise provide for must take it away from another child and what make  it still hard in the principal case be that the legacy will by this mean be  take away from a heir in order to be give to a young child a charge upon land  seem not to be so strong as a gift of a legacy but at length it weigh with the  court that the value of this land be so considerable as to amount to pound per  and and the design appear to be to leave the young child the two several sum  of pound one charge by express word upon the personal estate and the other  upon the land his lordship say that if a legacy be give to J S to be pay out  of such a particular debt and there shall not appear to be any such debt or  the fund fail still the legacy ought to be pay and the fail of the vide swim  modus appoint for payment shall not defeat the legacy itself this case now  come on upon a exception to the master report and also for further direction  the point on the exception be thisSir Edward blacket late father of the two  plaintiff Henrietta Savile and Alithea blacket by his will of the that of  April give to his say two daughter pound apiece to be pay in the manner  therein mention I e pound apiece part thereof be direct to be charge upon and  raise out of the premise comprise in his marriage settlement and which land as  he declare he have a power by the settlement to charge with pound it have be  refer to the master to inquire and state what premise be liable to such charge  the master find that by indenture of Jesse and release date that that Nov be  the marriage settlement of sir Edward blacket plaintiff father sir Edward have  a estate in all the land in the county of Northumberland mention in the cause  for year if he shall so long live sans waste and from and after the  determination of that estate they be limit to the use of a and b during the  life of sir Edward to preserve contingent remainder and that after the death  of sir Edward the land be charge with a yearly rend of pound to the intend  wife for her jointure remainder to the first and other son of the say marriage  in tail male with diverse remainder to other part of the family remainder to  the right heir of sir William father of sir Edward and that by the say  settlement sir Edward have a power in case there shall be one or more daughter  and a son or son of the say marriage by deed or will to charge all or any part  of the say premise with any portion or sum of money not exceed pound to such  daughter or daughter that by in peer William er p denture of Jan make between  sir Edward of the saint part a and b of the d part and William blacket old son  and heir apparent of sir Edward of the d part recite the limitation to sir  Edward for year and to a and b as trustee to preserve c they the say trustee  with the privity and consent of sir Edward testify as therein mention yield up  and surrender to William blacket and the heir male of his body all the estate  term and interest limit to they and their heir as aforesaid that by indenture  of lease and release of and July make between sir Edward and William his son  and Diana the son wife of saint part c and d of d part e and f of d part c and  the say a survive trustee of the settlement of of the thpart and if and I of  the that part in consideration of a marriage have between William and Diana  and of pound her marriage portion the say sir Edward William and Diana grant  release c to c and d all the say premise to hold to they and their heir for  the purpose of make tenant to the praecipe in order to suffer a recovery which  be afterward suffer and declare the same to enure to the use of sir Edward for  year if c sans waste Chargeable with a annuity of pound to Diana if she  survive William remainder to g a h and in trust to preserve c remainder to use  of William for year if c remainder to his saint say other son in tail male c  whereupon the say master conceive that by the indenture of July sir Edward  have a full and sufficient power of charge all the premise therein contain  with any portion or sum not exceed pound and that by the deed of Jan sir  Edward be mind to bar the use and remainder in the settlement of prevail on  the trustee to surrender their interest therein which say surrender the say  master take to be invalid in law by reason that sir Edward be then live and  have in no way surrender his term and estate and consequent no estate ever  vest in the trustee it not be to commence until after the determination of sir  Edward estate and the say master do conceive that in the recovery suffer upon  the deed of there want a good tenant to the praecipe by reason that sir Edward  have by no precedent act surrender the estate which he have by the settlement  of but eastern earnestness that he execute the deed of together with William  his son it operate as a surrender and his estate be determine and vest in a  the survive trustee of the first settlement which a be make a party to the  deed of but never execute the same and he not join with sir Edward William and  Diana in the conveyance to c and d no freehold ever vest in they and therefore  the say settlement of must be still subsist and valid and therefore the say  master conceive that sir Edward have still a good power of charge the premise  with the say two sum of pound and appoint it to be pay accord to this report  sir Edward blacket d son of sir Edward senior except for that the master shall  have certify that the recovery be well suffer and that the power of sir Edward  senior under the settlement of be thereby extinguish and the Lord chancellor  allow the exception but upon the further direction decree the two sum of pound  to be pay out of the father personal estate Reg lib b foe and foe as to the  nature of the estate which the trustee in this case have vide smith on demise  of dorm v Parkhurst atk vide rider v wager post Vol h Ellis v walker Amb  attorney general v Parkin ib ashburner v macguire bro c c see thomond v  Suffolk ante foul v Willoughby S S