atkins case sarah lucas only child of John lucas by mary his first wife  plaintiff isabella lucas widow of the say John lucas and isabella lucas a  infant their child defendant July the that mary Lucas in her last illness  request of her husband that her wear apparel gold watch pearl necklace ring c  in her possession and use by her may be give to her daughter and put into a  friend hand for her daughter use which the husband promise and after his wife  death give the say thing to his daughter and make a inventory and lock they in  a strong chest and give the key to his wife friend and send the thing therein  to her for his daughter use though the husband afterward take some of the  thing into his possession again that be not sufficient to invalidate the gift  which be perfect by the former act mary Lucas in her last illness request of  John Lucas her husband that her wear apparel gold watch pearl necklace ring  ornament and several piece of plate coin and other thing in her possession and  use by her may be give to the plaintiff and put into the hand of mrs Dunster a  friend for the plaintiff use which John Lucas promise and after her death he  give the say thing to the plaintiff and make a inventory and valuation of the  same to the amount of pound S d and lock they in a strong chest and after make  three copy of the inventory put one into the chest and give the key with  another copy to mrs Dunster and the three to James Lucas his brother to the  intent it may be know what be give in the presence of several person he send  the chest with the thing therein to mrs Dunster for the plaintiff use and she  accept the same on the plaintiff behalf John Lucas after his first wife death  by article of the that of June between he of the first part and Holmes and  defendant Isabel of the second part recite a intend marriage between he and  Isabel and that Holmes have agree to pay he pound and that he have a daughter  the plaintiff by a former wife the say Lucas agree that if he shall die in the  lifetime of Isabel and there shall be any child between they or that the  plaintiff shall be then live that then Isabel shall enjoy one three of his  personal estate after payment of his debt and funeral expense and her widow  chamber accord to the ancient custom of London and that the child of such  marriage together with the plaintiff if live shall enjoy one three of his  personal estate foe their respective use and that the provision man for Isabel  be in full of her dower and three John Lucas in die leave Isabel his wife and  one only child by her Isabel the infant and also his daughter the plaintiff  and by his will of the that of June direct that the surplus of his be eat and  effect after his marriage con atkins er p tract be duly provide for and all  his personal estate shall be divide between his wife and daughter the  plaintiff and Isabel the infant the defendant Isabel the widow insist on pound  Southsea annuity which the testator in his lifetime transfer to her and as she  say intend thereby to give they to her and by word atkins of mouth declare  that she shall hold and enjoy they to her own use and before the transfer  promise often to transfer they to her own use and give instruction to a  attorney to draw a deed to declare they to her own use who accord vest it in  trustee in trust that they shall transfer the same to defendant for her own  use but that testator on information that it will be better transfer they to  the defendant and assure her that such transfer will effectual secure they to  her and which he do as a further provision and to make it equal to her fortune  and as to the watch pearl necklace and other thing claim by the plaintiff  insist that the testator voluntary and of his own accord send for the chest  and dispose and alter the thing therein as he think fit and that he make her a  present of the snuffbox and a pearl necklace out of the chest the bill pray a  delivery of the chest and the thing therein contain and a distribution of the  estate accord to the marriage article and the will of the testator John Lucas  Lord chancellor as to the first part of the bill I be of opinion that the  delivery by John Lucas of the thing in a chest to mrs Dunster for the use of  his daughter who be the child leave by the first wife accord as he say to the  promise make to his wife in her lifetime be a sufficient delivery to vest the  property in the daughter and though he do afterward take some of the thing  into his possession again as the watch and necklace that be not sufficient to  invalidate the gift which be make perfect by the former act as to the transfer  by John Lucas of pound Southsea annuity to his wife in her own name I be of  opinion this be not a good transfer so as to affect the marriage article by  make any alteration in the gross estate of the testator the whole of which be  liable by the marriage article to be divide into such proportion which he can  not voluntary alter and therefore this be as much a fraud on the article as it  will be on the custom of the city of London yet it be good as against the  testator himself and to be answer out of his testamentary share if sufficient  and in this court gift between husband and wife have often be support Slanning  v style p W more v freeman bunb Bletsow v see er vern watkyns v watkyns post  vol though the law do not allow the property to pass see moyse v gyles vern  beard v beard post vol it be so determine in the case of mrs Hungerford and in  lady cowpers case before sir Joseph Jekyll where gift from Lord Cowper in his  lifetime be sup port and reckon by this court as part of the personal estate  of lady Cowper his lordship declare that the jewel and other thing give by the  testator to the plaintiff and deliver in a chest to mrs Dunster for her  benefit be not ten be consider as any part of the testator personal estate and  that what shall appear to be the clear personal estate after payment of debt  shall be divide into three part one three to be retain by defendant Isabel in  her own right by virtue of her marriage article another three to be the  testamentary atkins part of testator and the remain three be to be divide into  moieties one to belong to the plaintiff the other to Isabel the testator  daughter by his second wife and his lordship declare that the transfer of the  pound Southsea annuity by the testator to his wife ought not to take effect in  prejudice of the marriage article but to be bring into the personal estate  before the division be make but that such transfer ought to be consider as a  good gift against the testator John Lucas himself and that the defendant  Isabel the widow ought to receive a satisfaction for the pound Southsea  annuity out of the testator three or testamentary part of his personal estate  so far as that will extend and do therefore order that the testator three part  be apply in the first place to make good to the defendant Isabel the value of  the Southsea annuity and the dividend thereof from the death of the testator  the jewel c his lordship direct to be deliver to the defendant James Lucas for  the benefit of the plaintiff Reg lib b fol see Graham v Londonderry post vol  atkins er p