case lane against page June see Whelan v palmer Ch d fraudulent execution of a  power to jointure a power to jointure have be execute under a agreement that  the creditor of the husband shall have part of the jointure the appointment be  set aside as far as the creditor be to benefit the fraud be on the remainder  man confirmation by the wife after husband death of no effect lib Reg b foe  nom lane v teny S c Sugd on pow d Edward App from lib Reg hark ms from de grey  No p Simon lane the young be tenant for life under a settlement make on his  first marriage with remainder to his first c son with remainder over and have  a power to make a jointure on a aftertaken wife and be great in debt and  actual arrest marry the defendant his second wife and by indenture of lease  and release of saint and d December previous to the marriage make a jointure  on her to the extent of his power but by previous agreement entitle proposal  on execute the marriage deed between lane and page and sign by they she be  forthwith to join in levy a fine the use of which be to pay her only pound  ayear for her benefit pound ayear be to be apply in payment of his debt and  then to his wife for her life and the residue of the profit during ambler her  life shall after his death be pay as he shall by will or otherwise appoint or  in default of appointment shall go to his executor administrator and assign No  fine be levy but the husband die on that April next after the marriage and by  indenture of lease and release that and that of the same month recite several  debt owe by the husband and that the widow be desirous that those debt shall  be pay and satisfy she convey the premise in trust to pay herself ayear for  life the overplus of rend in discharge of the say debt and then in trust for  herself for life bill by remainder man to set aside this execution of the  power Lord Hardwicke chancellor this be a new invention and the court will put  a stop to it if possible for though it be say to be honest in he to pay his  debt yet he must do it out of his own estate two question saint whether the  execution be good in toto d whether in part and how far as to the first it be  so clear I can hardly argue to it if the court shall admit such a execution of  this power so direct contrary to the intent of the power it will be attend  with the great inconvenience nothing can be more contrary to the power it be a  fraud on the power and those create it question if it be such as this court  can get at say to be a marriage agreement and be equal good whether the wife  bring a portion or not and like Wicherlys case cite p wms S c Eq can ab if the  case have be that on the remainder man refuse to join and charge the estate  with his debt he have say I will marry and execute my power that will have be  like Wicherlys case in Wicherleys case the remainder man bring a bill to be  relieve against a jointure make by the tenant for life upon his deathbed in  consideration of and previous to his marriage by virtue of a power reserve to  he but Lord Parker assist by Pratt c I and the master of the bolls deny relief  see Eq can Abr pl I be not clear that a argue by plaintiff counsel where there  be a power of appointment to child and part be appoint fraudulent the whole  appointment be void I can say it be so ambler but suppose a power to make a  jointure under restriction as pound ayear for every pound and the husband have  himself advance a sum of money in order colorable to enable he to make the  large jointure the court will reject such part as be more than proportional to  the real fortune Lord tyrconnel v duchess of Ancaster post say the plaintiff  have no reason to complain if anybody have it be the wife but this case come  up to Turton v Benson vern for here be no fraud on the wife it be all but one  act no evidence of two agreement she have avow ambler er p it since her  husband death and it appear to have be make in consequence of the husband  creditor press he for their debt here be no private agreement contrary to a  public one with her friend she be at age and act for herself those case be  determine on public consideration this be a fraud on the property of a three  person the remainder man d question of opinion it ought to be support as to  the pound ayear fraud will affect only so far as it extend and this court will  not say that sharer sin shall have no benefit of the agreement in any part  where a conveyance be make for a small sum much less than the value but recite  to be for the full consideration the court will not set aside the conveyance  absolute but let it stand as a security for the money advance so in the case  put of a power to make a jointure under restriction the fraud shall not run  through the whole but the execution shall be good for so much as be  proportionable to her fortune see Lord Tyrconnell v duchess Ancaster post so  where fraudulent appointment among child as to the pound ayear I must lie that  out of the case for how can I get at it without a account of the debt and also  of the rend and profit in order to take the measure and that I will not do nor  will I without this circumstance that it be a provision not for a particular  set of creditor but for all his debt even those he shall owe at his death  which be entire precarious ambler declare the agreement and conveyance to be  consider as one transaction and to be set aside except as to the annuity of  pound to the wife N B in the above cause evidence be read that when he be  under arrest he send to his brother Robert lane who be next in remainder under  the settlement and propose if he will free he from the arrest and allow he  pound ayear out of the estate he will not marry otherwise he be determine to  marry for payment of his debt vide Allen v belchier July determine on the  authority of this case see this case in Sugden on power appendix from lib Reg  it be charge by the bill that terry in trust for who the power be execute  threaten to throw Simon into prison if he refuse to come into the measure that  Simon labour under a mortal disease of which he soon after die and that in  that situation terry prevail upon he to marry Ann with who he never cohabit  see Harvey v Harvey atk and the plaintiff submit that the intention of the  power be to make a handsome provision for the donee wife and thereby enable he  to marry one of circumstance suitable to his own and not by colour of such  jointure to pay his debt to which the premise be not liable whereas the  jointure set up be in fact a settlement on terry see Mr Sugdens book on power  appendix and Reg lib b foe in de grey ms this passage stand thus one case put  I be not clear in if a man have a power to appoint pound among child appoint  pound to one child on agreement to take back pound it will not be good for the  pound I know of no case of that kind but it be more like another case suppose  a power to make a jointure c as in next paragraph in the text in the case of  Turton v Benson on a treaty of marriage between a and the daughter of b the  mother of a surrender acquire of her jointure to enable her son to make a  settlement and b agree to give his daughter pound portion a without the  knowledge of his mother give a bind to b to pay back pound it be decree that  the bind shall be give up as obtain in fraud of the settlement see Pitcairn v  Ogbourne Ves anon Eq can Abr where a sale be set aside on account of the  inadequacy of the consideration it be upon the principle of redemption and the  conveyance will stand as a security for the principal interest and cost gwynne  v Heaton bro c c Twiselton v Griffith wms peacock v Evans Ves jun bow v heap  Ves Bea as to the cost be allow in these case see nicols v gold Ves gourland v  de Taria Ves jun wood v Abrey mad Morony v love dearly Dall Beatty Sugden  vendor as in appointment not exceed such a sum among child and he appoint  certain sum reserve a part to himself it will not set aside the whole de grey  ms in Daubeny v Cockburn Meriv the father have under a settlement power to  appoint to one or more of his child appoint to one child ambler er p exclusive  on a secret understanding that part of the fund shall be reassigned to a  stranger the appointment be hold a fraud on the settlement and void in toto  and sir William grant observe that with respect to the case of page and lane  it seem to he that the declaration of Lord Hardwicke can hardly be suppose to  refer to a fraud in which the child have no concern as such a case will have  be irrelevant to that before he where it be the wife participation in the  allege fraud that can alone create a doubt whether the jointure can be affect  that however upon principle he do not see how any part of a fraudulent  agreement can be support except where some consideration have be give that can  be restore that in the case of page and lane the subsequent marriage form such  a consideration on the part of the wife it be decree that the settlement by  deed of lease and release and the paper write proposal on execute the marriage  deed be to be consider as one entire agreement and that the say agreement and  settlement ought to be deem in this court fraudulent and void except as to the  annual sum of pound provide for the benefit of Ann lane during her life and it  be order and decree that the same shall be set aside except as to the say  annual sum of pound see Mr Sugdens book on power appendix Edward