case Meredith versus wynn post pale yellow Ch Eq Abr pl and pale yellow Eq Rep  S c vern case tempt Talb wms n atk see also vern vezey ante and reference atk  where the wife portion charge by will on certain land pursuant to a power in  settlement shall go to the administrator of the husband and not to the  administrator of the wife though the husband and wife be both dead and the  portion not raise in this case the main question be whether a wife portion of  pound charge by will on such land pursuant to a power in a settlement shall go  to the administratrix of the wife as a choose in action or to the plaintiff  who be administrator of the husband they be both dead and the money not yet  raise as to which the case be that one John Wynn on the marriage of his son  William settle several land on that marriage with a power for John by write  bring will to charge the land with pound for such use as he shall think fit  and after John precedent in chancery er p by will recite this power charge the  say land with pound to his two daughter Dorothy and Barbara and direct that  his son William shall within two month after his death give they security for  pound apiece be the pound he have a power to charge and if he shall refuse so  to do then he make Dorothy and Barbara coexecutors with William and likewise  give to his say precedent in chancery two daughter pound apiece beside the say  pound and die William give his two sister bind for their fortune Barbara  intermarries with one Richard Middleton and on the marriage treaty article be  enter into whereby Richard agree to clear his estate be pound per and of the  encumbrance that be then upon it within six month after the marriage shall be  have and for every pound he shall receive of Barbara portion to settle pound  per and on her for her jointure for life and to settle land on the first and  other son of that marriage Barbara be no party at least never seal these  article the marriage take effect Barbara die within six month without issue  Richard on a second marriage with one Dorothy Pedell who have a portion of  pound in trustee hand by article agree to lie out the pound he be entitle unto  in right of his first wife and this pound when receive in the purchase of land  to be settle on Dorothy for a jointure and for a provision for the issue of  that marriage which marriage after take effect then Richard die before he have  get in either of the portion the plaintiff his sister take out administration  to he and intermarries with the plaintiff Meredith then come to a agreement  with Dorothy whereby she be to retain the pound her own portion and to release  all her right and title to the pound or to any settlement to be make on her  therewith and this be reduce into write and execute the defendant take out  administration to Barbara and against he and John the grandson and heir of old  John Wynn who have the land by descent subject to raise this pound be this  bill bring to have that portion raise and pay my Lord keeper decree it accord  because the husband in this case be a purchaser of the wife portion by his  agreement to disencumber his own estate and settle a jointure on her wherein  he have proceed so far as to sell some of his estate in order precedent in  chancery to discharge the rest and the death of the wife without issue within  the six month prevent his make a settlement pursuant to the article so that he  have do all in his power and be guilty of no default ought not to turn to his  prejudice and the plaintiff have now take administration to he stand in his  place and must have the benefit thereof beside upon his second marriage with  Dorothy Pedell he actual agree in consideration of her portion to lie out this  pound and settle land on her so that she then become entitle to this money as  a purchaser for a valuable consideration and when she after her husband death  choose to have her own pound which belong to the plaintiff as administratrix  to the husband and the plaintiff agree to it by this the plaintiff likewise  become a purchaser of the pound for pound she consent to give up to the widow  and therefore decree a account to be take of the personal estate of John the  grandfather and what that fall short to be make up out of the real estate come  to the defendant hand and if any real charge be pay out of the personal estate  the plaintiff to stand in their place for a satisfaction of this pound out of  the land to make so much as the personal estate remain shall fall short to pay  note a case of burnet and kinaston vern ante be cite where a voluntary  disposition by the husband of his wife fortune before it be gotin be secure by  mortgage bind c shall not bind the wife or her representative after his death  but here the husband be a purchaser thereof for a valuable consideration  another point of this case be that sergeant Owen Wynn have by his will give to  Barbara pound as a legacy and another person have likewise by his will give  her a legacy of pound and of both these will John the father of Barbara be  executor and whether the pound give by the father shall go in satisfaction of  these two legacy of pound and pound be the question precedent in chancery it  be argue by Mr Vernon and so resolve by the court without much opposition on  the other side that this can not be take to be in recompense or satisfaction  of those two legacy because there be no legacy give particular to Barbara but  the pound he have a power of charge be give equal to his two daughter and if  this shall be a satisfaction of Barbara two legacy she will not have a equal  share of the pound since thereby she will lose the other two legacy give  precedent in chancery er p her by the other person and his give the pound to  his two daughter equal show that he intend to make no difference between they  as to the share they be to take precedent in chancery de boundary S mich in  curian porter