case cray versus rook December a bind give to a keep mistress for the  maintenance of her and provision for a child she have by the decease shall not  be set aside in favour of his legitimate child or heir if not obtain by fraud  but shall not be pay out of the personal estate until after simple contract  but shall be pay out of the real estate if there be one in case the personal  estate fall short bill bring by the son and heir and his two sister to have a  distribution of their father Jeremiah crays estate and to set aside a bind  give by his say father to the defendant Katherine rook in the penalty of pound  to pay her who he have former keep as his mistress the yearly sum of pound the  defendant insist by her answer that the bind be good that she be a woman of  virtue and entitle to some fortune be prevail upon by large promise to live  with the say Jeremiah Cray whereby she great disoblige all her friend and that  she and Jeremiah Cray cohabit from January to April when the say Cray for make  some provision for her child then about two year case tempt Talbot old execute  this bind without any fraud or imposition whereby he bind himself and his heir  in the penalty of pound for the payment of a yearly annuity of pound per and  for her maintenance and that of her child the say Jeremiah Cray be then about  marry which he afterward do the plaintiff mother the master of the roll have  decree the annuity secure by the bind to be pay after all other creditor  whether by bind or simple contract this be a voluntary bind and that in that  course of payment a fund shall be set apart out of the personal estate but  have give no direction whether the real estate shall be Chargeable with this  annuity in case of a defect of the personal asset wherefore the defendant rook  appeal and it be insist for her first that this bind be not to be consider as  a mere voluntary bind that the defendant rook appear to be a virtuous young  gentlewoman before unhappy seduce by Mr Cray that this be premium decency c  and consideration may arise as well by suffer loss and damage at the instance  of another as by give money c and that in Harris and marchioness of Annandale  vide p will S c decree June and affirm in the house of lord bro PC and Edward  bro PC S c march a like bind be to be pay in a course of administration and  not postpone c and in Ord and Blackett decree by Lord Macclesfield it appear  that sir William Blackett have seduce the plaintiff a young lady of pound  fortune and settle upon her pound per and annuity by a deed which be not a  effectual conveyance so that she can not recover in law this court interpose  and decree against the heir at law of sir William Blackett so in the case in  the exchequer cite in Harris and lady Annandale in Eq Abr where a man grant a  annuity to a woman of pound per and out of land he have no title to the court  decree he to make a good grant c and therefore the court will not consider the  grantee as mere volunteer case tempt Talbot it be also insist that if the bind  be to be consider as voluntary and to be postpone to creditor by simple  contract yet as it affect the real estate and no pretence to set it aside for  fraud the bill so far as it seek on behalf of the plaintiff the heir at law to  set the bind aside ought to have be dismiss and the plaintiff leave to her  remedy at law against the real estate or some provision make by the decree for  the defendant rook to have satisfaction out of the real estate c Mr attorney  general for the plaintiff this at best be to be consider as a voluntary bind  there be a difference where such bind c be give before seduce and where after  and this appear to be long after and it will be strange to put such bind c  upon a better foot than bind and security give after marriage which be always  deem voluntary c as to the case of Ord and Blackett and the other case in the  court of exchequer they be find upon this that though a bind of conveyance be  at first voluntary yet if the party who give it do afterward by fraud destroy  or endeavour to defeat it equity will relieve against the act of the party  himself and so be the case of Pitt and Pitt at the roll where it appear that  the late governor Pitt have grant the c v case tempt Talbot er p young son the  plaintiff a annuity of pound per and in order to qualify he for member of  parliament and afterward get the deed and burn it it be decree against the old  son the heir at law to make it good Lord chancellor No relief in equity can he  have against this bind here be no pretence of fraud and therefore no reason to  relieve against it it be indeed a voluntary bind be give after actual  cohabitation and can be in a more favourable condition than a settlement make  after marriage which be look upon as voluntary although the case tempt Talbot  obligation of nature be as strong upon a man to provide for his child after  marriage as before it if then it be once settle to be good the next question  be in what degree it shall be pay and as to that I think that accord to the  Lord harcourt opinion the resolution in Jones and powell case February and Abr  Eq can all creditor whether by bind or simple contract shall be prefer but  that this bind shall be pay before legacy for the bind although it be  voluntary transfer a right in the lifetime of the obligor but legacy arise  only from the will which take effect only from the testator death and  therefore ought to be postpone to a right create in the testator lifetime the  case of fairbeard and power in which case it be hold that a voluntary  judgement give by a freeman of London Payable three month after his death be  to be postpone to debt by simple contract and to the widow customary part but  will bind the freeman legatory part vern prove this express and that the Lord  harcourt opinion in wood and powell case or in Jones and powell case be ground  upon precedent authority the next consideration be how far it shall affect the  real estate in case of a deficiency of the personal asset now although it be a  voluntary bind and postpone in point of payment even to simple contract  creditor yet it must not be in a worse condition than they be its be voluntary  give the heir no right to set it aside for as the ancestor may have grant away  the estate entire from his heir so when he think proper to charge himself and  his heir the heir shall be bind in respect of the asset descend upon he from  his ancestor and as the whole be now before I I must give my opinion upon it  since the leave the defendant to sue the bind at law where she can recover but  the penalty and where the parole must demurrer until the heir who be now but  three year old come to his full age will be delay her much too long and since  even after advantage take of the infancy at law and the penalty recover  against the heir he may resort again to this court to have the whole thing  reconsider which be now as proper case tempt Talbot for the judgement of the  court as it will be then and so decree that if the personal estate fall short  upon payment of the arrear and grow payment by the plaintiff and upon his  secure the annuity out of a sufficient part when he come of age the defendant  rook be restrain from proceed upon this bind at law vide Whaley v Norton vern  bainham v man vern Matthew v Hanbury vern spicer v Hayward Prec in Chanc  clarke v periam atk Priesl v parrot Ves walker v Perkins burr black Rep S c  lady Cox case p will hill v Spencer Ambl Rep