atkins case John hinton and other creditor of edward toy plaintiff henry toy  William broughton the elder William broughton the young sarah broughton and  whether broughton defendant November the that at the roll before the marriage  of Edward toy with mary Broughton it be agree that pound till it can be lie  out in the purchase of land shall be settle in trust for Edward toy for life  for mary Broughton for life and in default of issue to the use of such person  and for such estate as she shall by any deed direct or appoint and for want of  such appointment to her right heir for ever mary by deed poll appoint the  pound to be pay to her husband to be employ by he to such charitable use or  other intent and purpose as he shall think fit Edward toy by will devise to  the defendant William Sarah and whether Broughton pound apiece be the money  charge on the estate of his wife father and declare in his will that such  disposition be in pursuance of the direction the creditor of Edward toy bring  their bill to have the pound apply to the payment of his debt as a part of his  asset this be not a naked power only to convey to charitable use but ought to  be consider as a part of the asset of Edward toy and apply in payment of his  debt so Thompson v town Prec Charles vern SC lassel v Lord Cornwallis Prec  Charles vern SC Ashfield v Ashfield vern townsend v Windham Ves Bainton v ware  post vol by article of agreement date the that of April before the marriage of  Edwarld toy with mary Broughton it be declare and agree that pound part of  pound charge upon a estate of doctor Broughton and devise by he to the say  mary his daughter shall remain a charge upon the land till it can be lie out  in the purchase of land of inheritance which shall be settle in trust for  Edward toy for life and after his decease in trust for mary Broughton for life  in augmentation of her jointure with other limitation for the benefit of the  young child of Edward and mary and for want of such issue to the use of such  person and person and for such estate as the say mary Broughton the young  shall by any deed in write direct or appoint and for want of such direction to  the right heir of mary Broughton for ever after marriage mary the wife of  Edward toy by deed poll date the that of may the pound to be pay to her  husband the say Edward toy to be employ he to such charitable use or other  purpose and intent as he shall think Edward toy there be no issue of the  marriage by his will after other bequest devise to the defendant William  Broughton the young Sarah Broughton and whether Broughton one hundred pound  apiece be the money charge on the estate of William Broughton his brotherinlaw  and settle on the testator by his late wife and declare in his will that such  disposition be in pursuance of the direction of his dear wife on the that of  Nov Edward toy die leave Henry toy his only son and heir the devisees of the  pound be the three child of a poor clergyman unprovide for and brother to mary  the wife of the testator atkins the creditor of Edward toy bring this bill to  have the three hundred pound apply to the payment of his debt as a part of his  asset the defendant insist that Edward toy have only a naked power to convey  this sum to some charitable use pursuant to the appointment of the wife and  that the will shall be take as a execution of such power and be a disposition  to a charity accord to that appointment and not liable to pay the testator  debt master of the roll Mr Verney the question be whether mary the wife of  Edward toy consider he as a trustee of the pound and a bare instrument to  convey to other person or whether he have the ownership if it be his own  property certain no act of his can dispose of a creditor right if a man have  the use of a thing and he plain be entitle to it for his life in all event and  the power of give it to who he please he be undoubted the owner of it which  power Edward toy very plain have for there be but three way of property enjoy  in one own right atkins er p transfer that right to another and the right of  representation here it be give to be employ in such purpose as the husband  shall think fit can there be any purpose the world but he may employ it in the  only doubt be upon the word charitable use and indeed they do intimate that  the wife have some wish that her husband will so employ the pound or at least  recommend it to he to dispose of it to charity Cunliffe v Cunliffe Amb see  Harding v Glyn post note but have not tie he down to it for the latter word  leave it absolute to his discretion to dispose of it to any purpose or intent  as he shall think fit in the case of lassel v Lord Cornwallis Prec in Chan a  on his marriage create a term in trust to raise pound of which pound be for  his young child and the other pound as he shall appoint after he a p point the  pound as a collateral security to I S and by will devise it and the other  pound to his daughter and yet hold that it shall be asset to satisfy a bind  creditor in the case now before I there be the same uncontrolled power as in  the other nor do there want any precedent act to make this exist in the  husband for the money be actual direct to be pay into his hand can he not  therefore have lie it out on a mortgage or lend it upon a bind or even throw  it into the sea so that no strong instance can be give than the present to  prove ownership and property and though he say indeed in his will it be in  pursuance of the direction oh f his dear wife yet a man can by any expression  in his will alter the nature of his estate and disappoint his creditor who  have no occasion to resort to his will but claim by a interest precedent  videlicet the deed of appointment by his wife whereby they show that their  right commence from the wife execution of the power give her by the marriage  article there be no instance in this court of a construction in favour of  legatee to the prejudice of creditor unless the creditor atkins find their  right under the will itself which they do not in the present case his honour  therefore declare that the pound be to be consider as part of the testator  asset and ought to be apply in payment of his debt and decree the real and  personal estate to go in payment of his debt and then to pay the legacy if not  sufficient the legatee to abate except as to the three legacy of pound each to  William Sarah and whether Broughton which be to be pay they preferable to the  other legacy Reg lib a fol