case whether Thayer widow and executrix of John Thayer Esq decease plaintiff  jane gold widow and executrix of Nathaniel gold Esq decease who be executor of  humphrey Thayer Esq decease and stephen collins defendant February the that SC  cite post vol Ves by settlement before marriage it be agree that pound in the  hand of a trustee shall be lie out in land to the use of the husband for life  then to the wife for life for her jointure and to the child equal and in case  the husband die without issue to the wife in fee and if he survive to he in  fee the husband and wife be necessitous the trustee pay they pound oh on a  release and their joint bind of indemnity and afterward pound more on the like  bind and a new agreement that the remain pound shall be lie out in the  purchase of a annuity for the separate use of the wife during the coverture  and in fee in case of survivorship the trustee afterward pay the husband this  pound likewise he be dead without issue and leave the wife destitute bill  bring against the representative of the trustee for this breach of trust in he  and to be pay what shall be due to the wife for the pound out of his personal  estate atkins er p in march the master of the roll decree that the wife shall  be pay what shall be remain due to her for the and interest out of the trustee  personal estate in a course of administration upon appeal to Lord chancellor  he recommend it to the party from hardship on one side and dangerous  consequence on the other to find out a three way of moderate the affair the  agreement afterward of the executrix of the trustee to pay the wife of the  beneficiary and trust a annuity of pound quarterly during her life free of tax  from ladyday and the cost of the suit be make a order of the court the case  arise upon the settlement make after the marriage of whether Collins now the  plaintiff whether Thayer with John Thayer the chief intent of which be to  secure two several sum of pound one to be advance by the intend husband and  the other by Mr Collins the father of the plaintiff Mr Thayers pound be a sum  he be entitle to under the trust of a term Mr collins pound be pay in by the  settlement it be agree that the pound which be place in the hand of Humphrey  Thayer one of the trustee and brother of the husband shall be lie out by he  and the defendant Stephen Collins the other trustee and uncle of the plaintiff  in the purchase of land to the use of the husband for life then to the wife  for life for her jointure in bar of dower and to the child of the marriage  share and share alike and in atkins case of the husband die without issue to  the wife in fee and if he survive the wife to he in fee with the common  appointment of pay the interest of the pound to the husband till it be invest  in land some time after the marriage the husband and wife join in a  application to the trustee Humphrey Thayer to raise the money to assist they  in their necessity and upon his pay they pound the both give he a release for  so much and likewise a joint bind to indemnify he and upon receive more from  he afterward another bind of the like nature the husband and wife come to a  new agreement that the remain pound shall be lie out in the purchase of a  annuity which shall be for the sole and separate use of the wife during the  coverture and in fee in case of survivorship the husband afterward find mean  to prevail upon Humphrey Thayer to pay he his pound likewise Stephen Collins  the other trustee be not to any of these transaction the husband die without  issue and leave the plaintiff destitute there be no asset the bill be bring  against the representative of Humphrey Thayer for this breach of trust in he  and to be pay what shall be due to the plaintiff for the say pound out of his  personal estate the cause be first hear in march before sir Joseph Jekyll who  refer it to a master to see what be due to the plaintiff for the place in the  hand of Humphrey Thayer by virtue of the plaintiff marriage settlement and to  take a account of the asset of John Thayer come to the hand of his widow and  what shall appear to have come to her hand after payment of debt of a superior  nature be to go in diminution of what shall be find due to the plaintiff for  the pound and interest and to take a account also of the personal estate of  Humphrey Thayer come to the hand of the defendant jane gold or of Nathaniel  gold her late husband and the plaintiff be to be pay what shall be remain due  to her for the say pound and interest out of the say Humphrey Thayers personal  estate in a course of administration Reg lib b fol the defendant gold appeal  from this decree and on the that of November it come on before Lord chancellor  for the plaintiff be cite mary Portingtons case   Rep b where it be lie down  that no feme covert shall be bar by her confession of her inheritance or  freehold but when she be examine by clue course of law and that be the cause  that if the husband and wife acknowledge a statute or recognizance it be void  as to the wife although she survive her husband so if the husband and wife  acknowledge a deed to be enrol and it be enrol it be void as to the wife and  the reason be because no such writ be depend against the husband and wife upon  which the wife may by law be examine from hence they argue that no act in  which the atkins plaintiff join with her husband can make any alteration in  the use of the settlement and that as money to be lie out in land be consider  as land she be entitle atkins er p notwithstanding her release to have it  convey to her in fee the that of Edward fol b Mansell v Mansell wms palmer v  Trevor vern Rutland v Molineaux vern be also cite and it be insist by the  plaintiff counsel that the case of baker v child vern be no authority for the  defendant because false report for though it be say there the court be of  opinion where a feme covert agree to join with her husband in make a surrender  or levy a fine and he die before it be do equity will compel her to perform  the agreement yet it be in fact no more than a recommendation by the court the  party be present and consent to sergeant Rawlinson to make a end of the affair  between the party by his private award which be to be final see hody v moon l  roll ab Daniele Adam Amb and what make it still a strong case against Humphrey  Thayer be that the cotrustee Stephen Collins though the plaintiff own uncle be  entire unacquainted with any of these transaction and not trust for fear he  shall refuse his consent to this iniquitous scheme the attorney general for  the defendant insist this be not a interest in land because no fine can be  levy upon it while it continue in money and that be personal her contract with  her husband will bind her though a feme covert and cite the case of theobalds  v Duffoy Mod Cas in law and equity d part where it be lie down that the  contract of a feme covert where it be with the consent of her friend be good  he also cite the case of the countess of Portland v progers vern Lord  chancellor I foresee great hardship on the one side and dangerous consequence  on the other and have very great doubt with myself what decree I shall make  and therefore recommend it to the party as it be a case of considerable  difficulty to find out a three way of moderate this affair see smith v French  post as a annuity be original intend to be purchase for the wife in the  lifetime of the husband by way of compensation for the trustee pay in of the  money some method may be contrive to make that effectual and therefore let the  cause be adjourn till the first day of rehearings to give the party a  opportunity of settle it among themselves the cause stand in the paper today  and the plaintiff counsel allege that the party have come to a agreement in  write sign by the plaintiff and defendant and pray that the same may be make a  order of court and a counsel for defendant consent his lordship order the  agreement to be make a order of the court and pursuant thereto decree the  defendant jane gold out of the estate of Humphrey Thayer to pay to the  plaintiff whether Thayer a annuity of pound Payable quarterly free of tax  during her life and that she shall also forthwith pay to her the arrear of the  say annuity from ladyday and that she shall likewise pay the plaintiff the  cost of this suit Reg lib b fol