case gardener against joseph welter and jane his wife in chancery in what case  the court of chancery will order a legacy leave to a wife to be put out at  interest for her use William gardener have a son now complainant and six  daughter and by his will give fifteen hundred pound to each daughter and after  not have time to alter his will give five hundred pound more to each daughter  and die jane one of the daughter marry Joseph Walters for which legacy he sue  in the spiritual court the complainant be executor with two other who renounce  the complainant be defendant below exhibit a bill to have the five hundred  pound note take as parcel of the fifteen hundred pound and to have the  direction of the court in payment of the fifteen hundred pound in order to  have a adequate settlement make by the defendant on the plaintiff sister it be  insist and admit at the bar that the five hundred pound note be intend as a  additional fortune be so swear by the testator attorney Mr Kinch who advice  the note for value receive but the solicitor general and Spencer Cowper for  the defendant insist that the modern report er p other part of the bill be not  proper be bring by the executor to stop proceed in the spiritual court and  that the rule of chancery in make settlement be only where the husband and  wife be plaintiff and bring their bill in equity to obtain their money have no  remedy in any other court for then the court will not extend equity unless the  plaintiff do equity by make a adequate settlement Parker Lord chancellor the  equity be the same in both case a legacy be a trust and a executor be a  trustee the consequence of this distinction be only to compel all person to  sue for legacy in the ecclesiastical court and avoid set the same this court  have a equitable jurisdiction of legacy this be a proper bill to know how the  complainant may execute his trust if a term of year be raise to make a  daughter portion and they marry and sue at commonlaw on which the trustee  exhibit a bill here to know how to execute the trust this court order a  settlement let the bill as to the note be dismiss with cost and the defendant  in his answer insist on a settlement make let it be refer to the master to see  if adequate if so the defendant may have his wife fortune