atkins case smith versus fellow at the roll October S c post if a freeman of  London make a voluntary deed in consideration of love and affection only and  reserve the power over the estate to himself the property still continue in he  and be subject to the custom the question here be whether a freeman of the  city of London who make a voluntary deed mere for the consideration of love  and affection without any pecuniary one and reserve the power over the estate  to himself be no guilty of such a fraud upon the custom as will induce this  court to set asideathe deed the deed be in substance as follow whereas I the  say William fellow be desirous to settle the aforementioned premise for the  benefit and advantage of my it son Richard fellow in the world in case he  shall attain the age of and be live at the time of my decease over and above  what he way be entitle to beside out of my estate I grant to Josiah fellow and  George Barlow a term of year in trust to permit I the say William fellow the  father to take the rend and profit of the so assign premise for so long of the  year term as I shall live and in case the say Richard fellow my son at my  decease shall be at full age to assign the residue of the term to he but if he  shall not be of full age then the say Josiah fellow and George Barlow shall  receive the rend and profit and allow so much as they think proper for his  maintenance and the surplus to be lie out by the trustee or survivor in  government security for the benefit of Richard when he come of age provide  always that if the say Richard fellow shall depart this life in the lifetime  of William then all the trust hereby declare to he by this deed to be void and  in case of his death be a trust for the other child in exclusion of the widow  if they attain the age of and in case of the death of all the child before CC  that age then to the next of kin of his own family this deed be make in the  lifetime of the first wife of William fellow atkins er p the bill be bring by  the second wife the widow of the freeman who be ignorant of this deed at the  time she marry and likewise by the rest of the freeman child to have the  property dispose of by this deed to the old son to be bring by he into  hotchpot that it may be distribute accord to the custom of London master of  the roll the case lev be strong than the present because there the possession  of the term be deliver pursuant to the assignment here possession be keep and  atkins the rend receive constant by the assignor however I shall take time to  consider of it on the d of November the cause come on again and upon the  authority of Cotterel and Cotterel hear before the late master of the roll  about six year ago his honour declare the plaintiff the wife to be entitle to  her share see also fairbeard v bower vern Edmundson v Cox vin pl accord to the  custom of London and that the property in these leasehold estate  notwithstanding the deed still continue in William fellow the husband and of  consequence be subject to the custom hall and hall vern and turner and  Jennings be the case principal rely on the determination of this point hall  versus hall per cur if a freeman of London absolute give away his good in his  lifetime to any of his child this be good but if he keep the deed of gift in  his own power or continue in possession of the good then it be a fraud upon  the custom vern turner versus Jennings a freeman of London assign the great  part of his personal estate in trust for himself for life and then for his  grandchild per cur this deed not good against the custom of London as to the  moiety belong to the child but bind as to the other moiety which he have power  to dispose of he have no wife vern