case eastindia company versus clavel all observe upon pain v Mortimer de g I l  I Ch Jur n S ante a agree with the eastindia company to go as precedent to  Bengal and enter intoa bind of pound penalty for performance of article but  before he set out he make a settlement of his estate and among other thing he  declare the trust of a term of year to be for the raise of pound as a portion  for his daughter who afterward marry I S a gentleman of pound per and who  before the marriage be advice by counsel that the portion be sufficient secure  and who afterward on her death have on her request expend pound on her funeral  but never make any settlement on her after a embezzles the good and stock of  the company to a considerable value yet they can break through this provision  so as to make it voluntary and fraudulent as to they sir Edward Littleton be  appoint by the eastindia company to go as precedent to the bay of Bengal and  to transact and manage all the affair of the company there do by article date  that of January for himself his executor and administrator covenant and agree  with the company and their successor to depart with the first ship that shall  set sail for that place and after his arrival there he will faithful and to  the utmost of his skill and power transact and manage all thing in relation to  the company for their benefit and advantage and will not embezzle misemploy or  convert any of the good or effect of the say company to his own use with  several other covenant relate to his fidelity and goodbehaviour in the say  employment and at the same time sir Edward Littleton with sir Strensham master  and Mr shepherd as his surety become joint and separate bind in a bind of  pound penalty condition for precedent in chancery performance of the say  article and this bind like all other bind themselves their heir executor and  administrator afterward sir Edward Littleton be to proceed on his voyage by  lease and release the saint of January settle all his estate on trustee and  their heir to several use and among the rest carve out a term of year and this  be declare to be upon trust that the trustee shall raise the sum of pound as a  portion for his daughter jane to be pay within three month after her marriage  and likewise a provision for the payment of his debt and soon after set out  for Bengal during the time of his abode there he manage the affair of the  company and have general two or three hundred thousand pound of their money in  his hand Mr clavel the defendant to who sir Edward have recommend the care of  his daughter some time after sir Edward departure make his application to her  in way of marriage and she have the copy of her father settlement in her hand  deliver it to Mr clavel who go to counsel to advice upon it and be advice that  the portion of pound be sufficient secure by that settlement Mr clavel and the  young lady soon after marry but no settlement be make upon the marriage though  it be precedent in chancery er p prove that Mr clavel have a estate of  inheritance of about pound per and and a personal estate of considerable value  some time after the marriage mrs clavel die without issue and it be her desire  she be bury among her own ancestor at a great distance which cost Mr clavel  about pound after her death Mr clavel her husband take out administration to  her and bring his bill in this court against the trustee and have a decree for  sale of the year and for raise and pay the pound portion several purchaser bid  for the estate before the master and the eastindia company from time to time  precedent in chancery upon application to the court obtain interlocutory order  to put off the sale upon pretence of bring in better purchaser the reason of  which be that sir Edward Littleton have embezzle or misemploy good and effect  of the company to the amount of pound and so have forfeit his article and bind  and make himself liable to satisfy the company that demand and the company  have before that time by their agent and factor in Bengal seize all the book  paper and effect of sir Edward and take he into custody where he die and  therefore the company conceive themselves interest in this estate obtain the  order before mention for put off the sale and now at last bring this bill  against Mr clavel the trustee and several other to have a account of the real  and personal estate of sir Edward and that the same may in the first place be  subject to the make good of their demand for the company it be insist that  this settlement for raise pound for the daughter be mere voluntary and  fraudulent that although all voluntary settlement be not fraudulent yet this  be apparent so be make so immediate after the article and bind give to the  company that it must be intend this settlement be make and prepare at the same  time though make to bear date five or six day after that it be to take away or  load that which be to be the fund for make good any embezzlement or  misapplication of the company money or effect that the company be real  creditor for a very great sum of money and prior in time to the settlement for  the daughter that the settlement be pure voluntary and beside the daughter be  since dead without issue and no settlement have be make upon her and therefore  it be hope this voluntary subsequent settlement make in fraud of the prior  agreement and article with the company shall not prevail on the other side it  be urge that the article bind only the executor and administrator of sir  precedent in chancery Edward Littleton that his heir be not name in it and  consequent his real estate not affect by those article that indeed the bind  have express charge his heir as well as his executor and administrator but  then that can bring a lie upon the real estate no further than the penalty of  the bind go which be but for pound that there be no pretence in the world to  call this settlement fraudulent for though it be voluntary yet it be make upon  very just and good reason that sir Edward be go a very long and dangerous  voyage and in all probability will never return again that have only one  daughter it be fit he shall set his house in order and make some provision for  her before he go that it appear not to be fraudulent in regard he express  provide for the payment of his debt that this to the eastindia company be at  that time no debt at all nor be any presumption to be allow that he will  become so indebt in order to defeat this settlement that admit the settlement  be voluntary at first yet by a act ex post facto such voluntary settlement may  become good and so it be in this case that Mr clavel be draw in and invite by  this settlement to marry the young lady that he advice with counsel beforehand  upon it and be tell it be a effectual provision for pound portion that in dr  heart be case in this court vern S c and affirm in the house of peer a letter  from the father promise to give his daughter pound portion be hold to be  sufficient not only to exempt it out of the statute of fraud and perjury but  be hold likewise Obligatory upon the father to perform it because the person  be thereby draw in and invite to marry the daughter that in our case Mr clavel  though he have make no settlement yet have a very good estate of which she  will have be dowable if she have live and he have expend pound on her funeral  to comply with her request that if this settlement be voluntary in its  creation post yet be the motive and inducement to Mr clavel to marry her  precedent in chancery this have now make it valuable and therefore it be pray  they may have the benefit of their decree and the sale go on to the best  bidder Lord chancellor I think the settlement be a very reasonable prudent and  honest provision and no colour of fraud in it the article do not bind the real  estate at all precedent in chancery er p but the bind only so far as the  penalty go which be but pound therefore let a account be take of the personal  estate of sir Edward Littleton and what of his good and effect come to the  company upon their seizure and if that fall short of the pound the deficiency  must be make good in the first place out of the sale of those land prior to  the defendant Clavels demand and till that account take let pound of the  purchasemoney be bring before the master and place out at interest to abide  the event of that account and the residue be apply towards Mr Clavels demand  of pound and all the party must join in the sale and reserve the consideration  of cost till the account take