case RICHMOND et ux versus tayleur Lord chancellor Macclesfield Eq can ab pl  on a bill to set aside a decree against a infant for fraud if the same be not  fraudulent though in every respect not so equitable the court will not set it  aside the plaintiff bring this bill for the wife portion the case be that upon  the marriage of the plaintiff mrs Richmond father James tayleur with Elizabeth  the daughter of Anthony Wallinger pound be the mother portion to which the  father add pound and by article to which the say Anthony Wallinger be a party  it be agree that the wife pound and the husband pound shall be lie out in the  purchase of land within a year after the marriage which shall be settle to the  use of James tayleur the husband for his life remainder to Elizabeth the wife  for her life remainder peer William to the first c son of the marriage  successive in tail male remainder to trustee for year to raise portion for the  daughter of the marriage if no son videlicet if but one daughter pound if two  pound betwixt they if more pound apiece proviso that if before the money lie  out in the purchase the plaintiff father and mother videlicet tayleur and his  wife or either of they shall die leave issue only one daughter then that  daughter shall have the whole pound also the husband tayleur covenant that if  his intend wife shall die before he he will leave after his death to the issue  of the marriage pound beyond what be before settle in the marriage betwixt the  plaintiff father and mother be solemnized and in the plaintiff mother mrs  tayleur die leave issue only the plaintiff now marry to the other plaintiff  Richmond which marriage he gain by corrupt the servant and without the father  consent have himself no estate and become a bankrupt within a year after the  marriage see this state in the case of jacobson v William ante the plaintiff  father James tayleur after the death of his wife bring a bill against his  daughter the now plaintiff and her grandfather Anthony Wallinger who be a  trustee in the article pray that he may be relieve against the lapse of time  for that the purchase with the pound be not make within a year and that his  daughter may not claim the whole after his death that he be Willing to lie out  the pound in a purchase but insist that his daughter ought not to have more  than she will have have if the purchase have be make in the mother lifetime  Anthony Wallinger the father of Tayleurs late wife and peer William  grandfather of the now plaintiff the infant by his answer allow it to be hard  that tayleur shall be oblige to leave the whole pound to his daughter after  his death that tayleur have be from time to time inquire after a purchase and  that it be not through his neglect a purchase have not be make after which the  cause be hear by consent and a absolute decree make without give the infant a  day to show cause to the contrary whereby it be direct that the pound shall be  lie out in a purchase of land to be peer William er p settle in the same  manner as if the purchase have be make in the mother lifetime by which the  daughter will have be entitle to the pound and the pound only and it be refer  to the master to see the purchase and settlement make accord the master do  approve of a purchase and of the settlement thereof whereby pound and pound be  secure to the now plaintiff the daughter on the father death afterward tayleur  the father marry again and leave several son and now the plaintiff Richmond  the husband and his wife bring their bill suggest that this decree be gain by  fraud and collusion and ought to be set aside and the whole pound pay to he  the defendant at first plead the decree and report but the plea be overrule  they insist upon they by their answer Lord chancellor the article be blind pen  however the plaintiff bill be ground upon the fraud and collusion make use of  in obtain the former decree against his wife then a tender infant and if any  fraud or surprise upon the court have be prove I will have set aside the  decree but on the contrary it appear that the court be fair and full peer  William apprise of the case of the article and of the point in question  videlicet the lapse of time and have think fit to make a decree which as it  may be a just one therefore I will not set it aside and the plaintiff have be  a bankrupt obtain his wife in manner as above and not be able to maintain her  let the pound and interest since the father Tayleurs death be bring before the  master the interest thereof to be a ply for the maintenance of the wife and  child with liberty to the wife or child to apply if the husband die Reg lib b  fol note in this case it be hold that where a infant conceive himself aggrieve  by a decree he be not under a necessity to stay till he come of age before he  seek redress but may apply for that purpose as soon as he think fit but see  Bennet v lee atk neither be he bind to proceed by way of rehear or bill of  review but may impeach the former decree by a original bill in which it will  be enough for he to say the decree be obtain by fraud and collusion or that no  day be give he to show cause against it and Mr Cottingham his lordship  secretary acquaint the court that Mr Vernon in case of a erroneous decree  against a infant use always to advice the bring of a original bill to set it  aside but in such bill to allege special the error in the former decree see  Oxenden v Oxenden vern Nicholls v Danvers ib William v Callow ib ball v  Montgomery Ves jun bullock v Menzies Ves wright v Morley Ves Duncan v Duncan  Ves coop vide Lloyd v Mansell post Vol two galley v baker can tempt Talb  Barnsley v Powell ves Wortley v Birkhead atk Carew v Johnston Sch l and see  savage v carol ba b