case COLMER versus COLMER all in court Lord chancellor see post Cas Mr  attorneygeneral for the plaintiff mrs Colmer the plaintiff the widow of Mr  Minter be entitle to a three part of his personal estate on a treaty of  marriage with the defendant Thomas Colmer article of agreement be enter into  whereby it be covenant and agree that pound part of her say share shall be  lodge in the hand of her trustee in trust to pay the interest thereof to the  plaintiff for life for her sole and separate use and mosely report if she die  before her intend husband then to pay the principal to such use and to such  person as she by deed or will shall direct and appoint and for want of such  appointment to the husband but if the husband die first to pay the principal  to life and as to the pound residue of the say three part the husband during  his life be to have the sole management thereof in trade but if he die before  the plaintiff leave no issue or if the issue die in her lifetime his heir or  executor within twelve month after his death be to pay the same to her or if  he die first leave issue the pound be to be pay to trustee in trust to pay the  interest to the plaintiff for life and after her death in mosely report er p  trust to pay the principal to and among the child as she shall appoint and for  want of such appointment to pay it among they equal but if she die first leave  issue then to pay the principal after the husband death to and among such  child as he shall appoint and for want of such appointment to the child equal  but if the plaintiff die first leave no issue or if they die in the husband  lifetime the pound be to be the husband the marriage be have and the plaintiff  be dissatisfy with these article which be prepare and bring to her ready  ingross to be sign by the defendant the husband she prevail upon he after the  marriage to execute other article by which the pound which by the first  article be to go over to the husband in case the wife die first without any  appointment be limit to her child by her former husband and the pound be also  to go over to they and not to the husband in case the wife die without issue  or the issue die in the husband lifetime and the husband also covenant to  settle pound out of his own estate in trust in case the wife survive he to pay  the interest to her for life and after her decease to pay the principal as she  shall appoint and for want of such appointment to their child but if he  survive in trust to pay the principal to he or to his appointment and he also  covenant to leave her all the diamond and jewel which be in her use or wear  during the coverture and that if he survive her she may dispose by will of all  the plate she have before marriage and it be further covenant that nothing in  those article shall extend to bar her of dower or of any part of his personal  estate she be entitle to by the custom of the city of London or by the statute  of distribution for some time they agree very well but several quarrel arise  about her child by her first husband who portion the defendant be desirous to  get into his hand he treat her with great incivility and cruelty deny her  child and acquaintance admittance to her give the management of his family to  a footman encourage the servant to insult her and at length withdraw himself  private and of the sudden from his house and family unknown to his wife and  she hear he be go to Portsmouth mosely report follow he where find he be go on  board a vessel she hire a hoy to carry her to the ship and when the husband  see her come he persuade the captain to cut his cable and set sail so that she  can not come up to he upon which she return to London but in the mean time the  other defendant have enter her dwell house and deny her admittance and have  contrive to have the servant she leave in the house arrest in sham action upon  which she be force to lie with a friend they take possession of every thing  even of her wear apparel and jewel and of the plate that be her former husband  under colour of a deed of trust and letter of attorney execute to they by the  husband who in order to deprive her of a subsistence make a assignment to they  of all his debt good and personal estate whatsoever and also of all his real  estate which be about pound a year in possession and pound a year in  expectance after his mother death upon this the plaintiff bring her bill  against her husband and his say trustee for a discovery and a maintenance out  of the estate of her husband and that he may be compel to give security to  settle the pound and pound accord to the article and that the trustee may  restore the plate they have take away it be proper in this case my lord to sue  here for a maintenance and not in the spiritual court because there be no  separation of the wife from the husband and it be as reasonable that the wife  shall have a provision where the husband desert and forsake her as where  through his cruelty he force her to forsake he and run away and there be  several precedent where this court have allow the wife a maintenance on the  circumstance of her case as Oxenden versus Oxenden vern and William and Callow  vern and the present be as strong or strong than those case the portion here  be much great and it be unreasonable he shall go away with such a fortune and  not give the wife a maintenance but the defendant say she have pound separate  estate but this be reduce to pound by a loss from the fall of south sea stock  in the year which do not bring in above a hundred and thirteen pound a year  nor be this a adequate provision for so great a fortune and be design only in  nature of pinmoney while they live and cohabit together and not as a  maintenance for her if they live asunder we hope your lordship will likewise  give some direction for secure the pound and pound which belong to her by the  article on the contingency therein mention Mr solicitor general the chief end  of this bill be for a allowance during the absence of the husband who have no  ground of complaint against the wife and yet though he receive so large a  portion with her lie leaves her without any cause without mosely report er p  any mosely report notice without any provision and go to Maryland where there  be a separation for cruelty or a legal divorce the spiritual court will compel  the husband to allow the wife alimony but here be no occasion for a separation  or divorce and the husband be not within the jurisdiction of the court  Christian nor amesnable by any process thereof so that the only relief the  wife can have be in this court beside he have assign over all his real and  personal estate to trustee so that they have the whole legal interest in they  and he be entitle to the benefit of the trust only after the payment of his  debt and no proceed in any other court can affect his estate in their hand a  husband be certain oblige to maintain his wife and we only apply to your  lordship to compel the trustee to do that which the husband himself ought to  do to afford her a proper and convenient maintenance and our case be much  strong than either of the case that have be mention in Mr Vernon report in  Oxendens case the wife leave the husband for his cruelty and in usage of which  she be not a proper and impartial judge but here the husband leaves the wife  she follow he and he make the ship cut her cable to hinder her from see he so  that in our case the separation be certain the act of the husband and he  desert her in Oxendens case pound part of the wife fortune be lodge in trustee  hand so here the pound part of the plaintiff fortune be in trustee hand too  and the husband by this contrivance without design it have undoubted give this  court a jurisdiction but they say they be not trustee for we so it be say in  Oxendens case as to the pound the pound be blend with the rest of the estate  the trustee be seize to his use of this part with the rest of the estate  during his life but after his decease in trust for we the court in those case  think it reasonable the wife shall have a maintenance out of what have be once  her own estate they say the husband have remit we pound which be a strong  evidence he think we entitle to something and as the wife bring he a plentiful  fortune and he be in very good circumstance she ought to have a handsome  provision be pound a year sufficient they say pound be a sufficient  maintenance it appear from the article she be not during the cohabitation to  maintain herself with bread out of this money all the family expense be to be  bear by the husband and they have no think at that time of their live asunder  or allow it at that time to have be a reasonable maintenance it be far  otherwise now part of it be lose and the interest reduce one per cent as to  the pound and pound we submit to your lordship judgement what direction to  give and though neither of those sum be Payable indeed during his life yet  since he have leave we without any think as appear of return and the whole  estate be vest in trustee we hope your lordship mosely report will think it  reasonable to have so much secure in their hand for those use and if they sell  the plate that be the plaintiff before marriage ant Cas postea case they ought  to restore it for by turn it into money they make it impossible for the  husband to perform his covenant the trustee own they sell all they find in the  house and therefore this may be a proper inquiry for the master Mr Paunceford  though this covenant be not to be perform immediate yet as the husband have  secret himself and convey away his estate it be proper to pray of your  lordship to have the sum secure to her on the contingency of the article as to  the maintenance feme covert and infant be the object of the care of this court  and your lordship have late think proper in the case of sir brook bridge and  hale to allow a infant maintenance out of her fortune though it be not Payable  till eighteen or marriage