case cock against goodfellow a deed make by a trader two month before a act of  bankruptcy commit for secure the fortune of child out of trustmonies in his  hand be good against the creditor S c Eq Abr Walter cock devise by his will  onethird of his personal estate to his wife the other twothirds to be equal  divide among his child with the advantage of survivorship in case any of they  die before they come of age he make several and among the rest his wife  guardian of his child he direct that the estate of the child shall be place  out to interest or other way of improvement by the consent of the majority of  the guardian and he further direct that his wife shall have the advantage of  the improvement of twothirds of the estate of the child without any account  for their maintenance and that the interest of the other three shall go  towards the increase of their fortune he make his wife executrix and die in  August leave behind he a very considerable estate both in money and the stock  his wife prove the will and take possession of the estate in may Peter  Vandermash one of the wife brother die and leave in money to the child about  modern report five and twenty hundred pound which money come into the hand of  their mother it be prove by the bookkeeper that immediate upon the death of  the father a account of the whole estate be take and a exact estimation make  of what each child share come to and that the account of every child with the  interest and income belong to his fortune be with great exactness keep  separate and distinct until the year when upon cast up the account the whole  estate belong to the child be find to amount to about four and twenty thousand  pound in may mrs cock the mother treat of a match for her old son with a  daughter of Lord Trevor and by marriagearticle it be agree that five thousand  pound shall be pay by the mother mrs cock and five thousand pound by Lord  Trevor into the hand of trustee to be lie out in land and settle in the usual  way of marriagesettlement mrs cock covenant beside that she will purchase a  hundred pound ayear and settle it to the same use as the former except the  jointure about this time mrs cock lie out about ten thousand seven hundred  pound in a purchase of land of one scot mrs cock all this time carry on a very  great trade in October her brother Vandermash in holland send her word that  though he have in effect more than enough to answer all demand yet so great be  the run upon he occasion by the sudden fall of credit in holland that unless  she will supply he immediate with money and credit to the amount of forty  thousand pound he can not stand it mrs cock comply with his desire but at the  same time videlicet the nineteenth of modern report er p October she make a  deed wherein take notice of the will of her husband and what be leave thereby  to her child and of the will of the uncle and what he leave they and of the  sum that appear due to the child upon a account take in the year and of the  marriagearticle of her son by which five thousand pound be to have be pay to  modern report trustee for c and a hundred pound ayear purchase c she covenant  that for the better secure what thus appear to be due to her child she will  immediate transfer to trustee c all that she have in the several fund and  whereas the book of the SouthSea company be then shut she declare that as to  the SouthSea stock she be but a nominal trustee for her child the stock have  be buy with their money and that as soon as the book be open she will transfer  c and in the same deed the estate that she have for her life be convey to the  trustee for ninetynine year if she shall live so long as a further security  for her child the estate likewise purchase by her of scot with a view as she  say to have make good the marriagearticle of her son be convey to trustee for  that purpose the trustee the child demand satisfy be to stand seize of the  surplus to the use of the mother all the stock that be transferable be  transfer next day the six of December mrs cock become a bankrupt the child of  mrs cock bring their bill to have this deed establish and to have the  preference of mrs cock creditor it be argue in favour of the child that this  deed be make two month before any act of bankruptcy and for secure that to  which the child have a just demand be a good deed it be say if the specific  asset of her husband and brother have remain in her hand unblended and unmix  with her own and then this misfortune have befall her there can have be no  question whether the child estate can be subject to the mother debt and  therefore the question can only arise from the mother have blend and mix those  asset belong to her child with her own estate and trade modern report and  since this be a act that it be impossible for the child to prevent and from  whence they can not receive the least possibility of advantage but may be very  great sufferer the mother if she have be guilty of it have break the trust  repose in her now if the mother be sensible of this have by this deed  endeavour as in justice and conscience she ought to prevent any inconvenience  they may otherwise have be liable to from that wrong she have do they in mix  their estate with she this as it be a act of justice to her child will be  always favour in this court it will be very strange to say that if mrs cock  have be guilty of a breach of trust the assignee who stand in her place shall  take advantage of it when she herself can not and that in consequence of this  the estate of the child shall be vest in the assignee for their advantage this  deed have do no more for the child than possible what by a bill bring in this  court she may have be compel to the case of tailor v Wheeler a Eq Abr vern  salk a be quote as a strong case in favour of the child there a copyholder in  fee surrender to the use of the mortgagee in fee but before the presentment of  the surrender become a bankrupt Lord Cowper upon the question bring before he  whether the assignee of the commissioner of bankruptcy shall be prefer or the  mortgagee decree in favour of the mortgagee because the assignee ought not to  be in a better case than the bankrupt who be bind in equity by this defective  conveyance so in the same manner as to the stock transfer mrs cock be bind in  law and equity and as to that untransferred in equity the assignee who stand  in her place must be so too modern report argument in favour of the assignee  as to the account that be say to be keep separate and distinct it be say that  as these account be not bind on one hand with respect to the child so on the  other hand they ought not to prejudice the creditor these account be keep mere  for the mother satisfaction and be entire under her power No part of the  estate whatever specificate by they to the child and therefore they be not in  the case then it be argue that the deed be void from the time nature and end  of it as to the time it be make but two month before a actual bankruptcy which  in all probability she then before modern report er p see as to the nature of  the deed there be in it supplying an answer to one falsehood for that part of  it wherein she say that the stock be buy with her child money be entire false  nor be the price mention at which the stock be buy so likewise what she say  that she be but a nominal trustee for they be all false for it do not at all  appear that this part of the estate consist in the stock be anyway appropriate  to the child before this deed another badge of fraud in this deed be that she  plain appear to be put everything out of her own power and cover everything by  it for her estate for life in land be by it vest in trustee as a further  security for the child as to the end of the deed it be to give a undue  preference to her child who must be acknowledge to be creditor and as far as  the preference be undue pro tanto it be to defraud the rest of the creditor  and then this deed itself amount to a act of bankruptcy for it fall direct  within the description of James c of a modern report fraudulent deed make on  purpose to defeat or delay creditor beside this deed be plain a voluntary one  for she be at a perfect liberty whether she will or will not make it and it be  make to prevent that equality which in a court of equity be always account the  great equity as to the stock untransferred it be say that the asignees be  within the common rule of equity that have law and equity of their side they  ought to prevail against the child who have a equitable right only as to the  case of tailor v Wheeler a salk a it be say that case differ from this for  first there the money be lend upon that very security of the copyhold land and  there be a inchoation of a legal estate complete quoad the mortgagor or  surrender there be as Lord Cowper observe a lie upon the land and the  mortgagee may have compel a specific performance which in the nature of the  thing be impossible here one hundred pound stock be as good as another and  second it do not appear that the surrender be make upon a view of his become a  bankrupt as child will reap the great advantage from their parent undertake so  it be reasonable that they shall at least as much as creditor share in the  misfortune of their parent it be reply in favour of the child that no deed can  be a fraudulent deed so as to amount to a act of bankruptcy within the statute  James c but what will be esteem fraudulent against a purchaser by Elizabeth c  which it can never be say that this S the deed in the statute James c be  suppose to be a deed of trust for the advantage of the bankrupt and to avoid  modern report the payment of debt but this be a deed in trust for creditor and  for the payment of debt nor will the preference create by this deed make it  fraudulent for a executor may by law among debt equal in their nature give a  preference to which he please nay by confess judgement to a creditor by simple  contract be may give he a preference to creditor of a superior nature every  man by pay a debt when he owe other give that creditor a preference if pay of  the child if they have be of age to receive it have be lawful for the mother  as most certain it have the give security for the do of it must be lawful too  she be so far from be a bankrupt at the execution of this deed that it be  plain she do not think of become one at the time for if she have she never  will have send her forty thousand pound to have support her brother credit the  case of tailor v Wheeler report by Salkeld a salk a be a strong case for there  the mortgagee have no more estate in law in the land than the child have here  in the stock untransferred article of agreement for a jointure have be hold  good against assignee though legal estate in they Parker Lord chancellor after  give a narrative of the state of the case observe that the clause of the will  that direct the child fortune to be place out by mrs cock with the consent of  the major part of the guardian to interest or other way of improvement must be  understand exclusive of trade so that it be plain never the intention of the  father that the fortune of the child shall be hazard in the way of trade he  observe further that whoever trade with her know that she have but onethird of  her husband estate and therefore give her credit upon account of modern report  that three only and for her to have hazard the fortune of her child in trade  have be a plain breach of trust in her he take notice that upon the death of  the father there be a great part of his estate in the public fund and modern  report er p that in the year she have a great deal of money in the fund which  as to a great part of it may be the very original stock of her husband or at  least stock replace in the room of it it be plain that as her ruin be owe to  the bankruptcy of her brother she hope this may have be prevent by the speedy  supply of forty thousand pound which she send he at this time if she have not  think this it be direct fling away so much money so that this deed can be say  to have be make upon a certain view of her become a bankrupt fear indeed she  can not but have she may think that though her brother do assure her that this  supply will support his credit yet possible it may not and therefore at a time  when she be strike this bold stroke to save her brother it be but just and  prudent for her to resolve in all event to secure what be due from her to her  child the objection against this deed that it be a fraudulent one and within  the statute of James c because make so near the act of bankruptcy be a very  frivolous one for the deed mean by that statute be deed make to defraud  creditor whereas this be a deed make to secure a just debt but it be object  that this deed be make to give a undue preference to her child I know not what  law or reason there be to favour this objection anybody may make his creditor  executor and then the law give he a preference and not only so but the law  allow this executor to give any other creditor in equal degree a preference it  be true indeed sometime this court will interpose because these power may be a  inlet to fraud but this court modern report will never take from the executor  himself this preference the law give he be not pay of a debt give that  creditor as great a preference as give security and yet it be never pretend  that pay of a debt shall be hold a act of bankruptcy because but two month  before the bankruptcy but it be say that this be do for child and they be the  fit person to suffer in their parent misfortune case of child be always favour  in a court of equity they be esteem as creditor of the parent by nature if a  man by his will give copyhold land to his young child the court will compel  the heir at law to surrender to they very strange doctrine that the plaintiff  because creditor by nature as well as justice shall be in a worse condition  than other creditor very strange that it shall be esteem a fraud in a parent  to follow the voice of nature especial when in do this she do but what duty  and justice require from her as their guardian and trustee if the mother have  be go to sea and have make this provision for her child security the very same  objection may have be make a man who know he must be a bankrupt may by law pay  off any of his creditor and this power as it may be abuse so on the other hand  may be very proper execute there may be particular obligation in point of  gratitude c assignee can take nothing but what the commissioner can assign and  the commissioner can assign nothing but what the bankrupt can honest assign to  they if mrs cock have transfer subsequent to the deed this stock for a  valuable consideration to person without notice it have be a valid but knavish  act the case of a modern report agreement to transfer stock the transfer want  or agreement to surrender copyhold the surrender want be both alike and  therefore as the court will compel a surrender so it will a transfer he say  that a purchaser be decree to hold the land against a judgement confess  between the time of article and the conveyance be a very strong case for the  plaintiff he call the deed a honourable deed and establish it throughout  trinity term the eight of George the first in the court of chancery Thomas  Lord Parker Lord chancellor sir Joseph Jekyll Knt master of the roll