christmas v christmas rehear when agreement be reduce into write all previous  treaty be resolve into that a woman have land and a personal estate before  marriage convey all her estate to her separate use to which the husband be a  party and he covenant that he will not interfere with it on this estate so  convey there be a mortgage for pound which before these conveyance he verbal  promise to discharge during the coverture the mortgage be assign over and he  covenant thus that I or my wife shall pay it the husband and she live with  great affection together and he constant receive all the profit of this  separate estate he die have never select case tempt king er p pay off the  mortgage leave child which he have by a former venture fortune these the wife  maintain after his decease the wife bring her bill saint that the effect of  the husband shall be apply to the redemption of the mortgage and to have  account of the profit of her separate estate receive by the baron select case  tempt king rd to have a allowance for the maintenance of his child after his  decease it be decree that husband effect shall not be charge to redeem the  mortgage nor be Accountable for the profit of her separate estate receive by  he and that the maintenance shall be counterbalance by the interest of their  fortune it be insist in support of the decree that whatever his promise be in  respect of the mortgage nothing be to be consider as his agreement but what be  in write and that what he receive be in a friendly manner she stand by and  never oppose it so may be consider as a gift have they be on in term it have  be otherwise and as to the maintenance it be the stand rule of the court not  to break into the principal chancellor there be no foundation to charge he  with the payment of the mortgage for by the statute of fraud it be no charge  unless reduce into write all be at a end when there be a agreement in write  all the conversation before be only as previous step this be the ultimate  settlement of the whole affair on mature consideration of everything as  between he and the mortgagee may be charge but not by the wife where baron and  feme live amicable together and the husband receive her separate estate it  shall be suppose do by her consent as to the receipt of the separate  maintenance if live together amicable shall look on it as do by her consent as  to the maintenance she have take it upon herself and it do not appear to I but  the interest be sufficient for that purpose decree affirm all deposition take  in the cause may be read at a rehear though not read at hear aliter on appeal  to the lord nb on the rehear deposition take in the cause but not read at the  hear be oppose to be read now but admit to be read as the constant practice of  the court though in appeal to the lord nothing be read but what be read below  order that no application shall be make against the minute after a week and no  further time to be allow to petition for a rehear but within a week after that  if a person entitle to cost die before they be tax they be go a bill be  dismiss with cost and the person who be entitle to cost die before they be tax  there be no relief to he have in this case