case sawyer versus Bletsoe eoden die husband convey land to a trustee in fee  in trust out of the rend to pay pound per and for the separate use of the wife  and to be at her disposal then to the use of the husband for life after his  decease to the use of the heir of the wife until the heir or assignee of the  husband shall pay to the executor administrator or assign of the wife pound  with interest from the death of the husband then to the wife for her life for  her jointure remainder over the wife die first have by her will dispose of  this pound hold the wife have no power to dispose of this money though  plaintiff bill be dismiss on the merit yet if by the plaintiff gain the legal  estate defendant be force to be plaintiff the cause be open and the merit of  the cause be before the court if a wife have a power to dispose of money in  the life of her husband she may dispose of it by a write in nature of a will  though not so provide Richard baily by deed and fine convey to sawyer and his  heir several land therein mention to the intent he may receive and take out of  the rend and profit Vernon chancery case er p pound per and during the joint  life of he the say Richard baily and his wife as a separate provision for the  wife so as the husband may not intermeddle but to be at her sole and separate  dispose then to the use of Richard baily for life and after his decease to the  heir of the wife until the heir or assign of the husband shall pay unto the  executor administrator or assign of the wife pound with interest Vernon  chancery case from the death of Richard baily then to the wife for her life  for her jointure with other remainder over the wife die in the lifetime of her  husband but take upon her to make a will and dispose of the pound among her  relation and make sawyer executor Richard baily afterward by will devise the  land to Bletsoe who have marry his daughter sawyer have former bring a  ejectment in the name of the heir of the wife and recover at law Bletsoe the  devisee of the land by the will of Richard baily bring his bill to be relieve  and on the hear of the cause be decree to pay the pound with interest from the  death of Richard baily or in default of payment his bill be to stand dismiss  with cost and for nonpayment the bill be dismiss accord and the cost tax and  pay and they ejectment lease be expire Bletsoe get a conveyance from the heir  of the wife by which he have gain the title at law so that sawyer be now  become plaintiff in equity to have the with interest pay and by his bill set  forth the proceed in the former cause and complain of the conveyance obtain by  Bletsoe from the heir of the wife who be but in the nature of trustee for the  benefit of the executor and legatee of the wife first it be agree that  notwithstanding the dismission of Bletsoes bill sawyer be now plaintiff by a  original bill the cause be open and the merit of the case proper before the  court so that the question be whether upon the deed the wife die in the  lifetime of the husband have power to appoint or dispose by will or otherwise  this pound second it be agree that where the wife have power to dispose in the  lifetime of the husband though it be not particular Vernon chancery case  provide that she may dispose by will yet a disposition by a write in the  nature of a win will be a good disposition or appointment so that the question  be reduce to this videlicet whether as the deed be pen it be the intention of  the party that although she die in the lifetime of her husband she may dispose  of this pound and the court be of opinion that she can not for that it appear  that if the husband survive the pound per and be to cease for he be in such  case to hold the estate or his life exempt from any charge and the pound be to  be pay with interest only from the decease of the husband and if the husband  survive her he be in law her assignee and it be observable that care be take  that she notwithstanding the coverture may dispose of the pound per and but no  such provision as to the pound and beside it be reasonable to suppose that if  it have be intend that the pound shall remain a charge upon the estate  although the husband shall survive it will not only have carry interest during  the life of the husband but provision will have be make that the husband in  his lifetime may have redeem and free his estate but the deed provide only  that the heir of the husband may pay the pound and therefore dismiss the  plaintiff bill vide ante Vol S c peacock v monk ves Vernon chancery case de  term S michaelis in curian porter