case Cleland versus Cleland not follow Creasor v Robinson Beav Eq Abr pl S c  vern vern wms wms win vezey S c cite and S p post the wife portion though out  on bind or mortgage which by law survive to her shall yet in equity be subject  to the husband bonddebt to ease the heir where a settlement be make on the  wife for that make the husband a purchaser of her fortune and it shall go to  his executor but if the settlement be only in consideration of part of the  fortune there the remain part out on bind shall survive to the wife unless  there be a express agreement that the husband shall have it plaintiff  grandfather be tenant for life of a farm and the inheritance be in the  plaintiff father to who he be heir on the marriage of the plaintiff father  with the defendant who have a portion of pound in her brother hand and secure  by his bind to her the father and grandfather join in settle this farm upon  the defendant for her jointure and this settlement be express to be make in  consideration of pound pay to the grandfather for the marriage be portion of  the defendant which pound be pay to he accord by her brother the marriage take  effect and the defendant husband die indebt to several bind wherein he and his  heir be bind and action be bring against the plaintiff as his heir on the say  bind to subject the real estate descend to the payment of they and he bring  this bill to have the remain pound of the portion which be unpay apply in  discharge of these debt it be pretend by the defendant that there be but pound  of her portion to be pay and that it be agree by her husband and herself  before the marriage that the remain pound shall be she and beside that her  husband be dead and this be a debt to her not dispose of by he it do by law  belong to her it be pretend by the plaintiff to be express agree before the  marriage that the remain of her portion shall be apply to pay the husband debt  if there be occasion but neither of the agreement be well prove precedent in  chancery the master of the roll decree the pound to be apply towards payment  of the husband debt and say it be natural equity it shall be so and there be a  settlement make on the wife the portion though it remain a debt to the wife do  belong to the husband a appeal be afterward bring from this decree before the  Lord chancellor summer and he be of opinion that as this case be unless there  be a agreement that the husband shall have the other pound it will survive to  the wife and therefore direct it to be try whether there be any such agreement  or no but if the settlement have be in consideration of the whole portion and  have be equivalent to it that will have amount to a agreement that the husband  shall have have it note there be a objection make in this case for want of  party for that the administrator of the husband be not make a party but the  wife be call administrator in the bill and have by her answer confess that she  have possess the personal estate and dispose of it and be the person by law  entitle to administration though she deny by answer that she have take  administration the court overrule the objection