case LOEFFES versus lewen all pale yellow Ch Eq Abr pl pale yellow Eq Rep Eq  Abr pl atk where a bind shall be deem voluntary and fraudulent against  creditor in this case the question be whether the plaintiff who be creditor of  one Eyton shall have the benefit of a bind for payment of pound enter into by  one precedent in chancery er p baily to Eyton or if the say bind shall be look  upon to be voluntary and fraudulent as against the creditor of baily who be  defendant and they to be accord first satisfy out of Baylys asset they be  creditor only by simple contract and as to that the case appear to be thus one  mason a vintner and freeman of London make his will about year since and  thereby devise one three part of his personal estate to Letitia his wife and  the other two three to his child and die leave only two daughter Letitia and  another who afterward die intestate and unmarried Letitia the widow afterward  intermarry with baily who be a vintner likewise and the widow as well before  marriage as she and her husband after marriage continue to employ the whole  stock leave by mason in carry on of their trade without make any distribution  or division to the child precedent in chancery some time after upon a treaty  of marriage to he have between Letitia the daughter and Eyton the other  daughter be then dead a computation be make of what fortune will be come to  Letitia the daughter and the same appear to be short of what Eyton expect  baily agree to make up her fortune the sum of pound but there be no write or  memorandum of it under hand but baily do afterward pay all but pound of the  fortune agree on about four year after the marriage baily make his will and at  the same time prepare a bind to Eyton of pound condition for the payment of  pound to he at such a time and then send for Eyton and his wife show they the  bind and will whereby he have likewise give they a legacy but never deliver  the bind to Eyton or his wife but keep it in his own custody and baily some  time after die sudden this bind be deliver over to one Owen who be a defendant  to be keep by he as a indifferent person till it shall appear how thing be  like to go baily die considerable indebt his executor renounce and  administration with the will annex be grant to the defendant lewen as  principal creditor for about pound by simple contract and baily be likewise  indebt to several other by simple contract afterward Eyton become a bankrupt  and this bind of pound be assign by the commissioner to the plaintiff who be  his creditor so this bill be bring to have the bind deliver to the plaintiff  and to have a account of Baylys personal estate and satisfaction thereout for  the say pound several proof be read on the plaintiff part to prove the due  execution of the bind and that seem to be out of all doubt Eyton and his wife  likewise be examine as witness by order of the court do both by their answer  and deposition swear the agreement by baily to be to pay or secure pound for  the wife portion precedent in chancery on the other side it be prove that if  this pound shall be take out of Baylys asset there will not be enough to pay  above S d in the pound to his creditor so the only question be who shall have  the preference but another question be make whether the dead daughter portion  shall survive whole to the other daughter or be distribute between her and her  mother accord to the statute and as to this a difference be take and agree by  the court that as to the orphanage part which belong to the daughter b that  the custom of London the survivor shall have the whole even after a division  and partition make between they but as to the testator part devise to they  that be under the direction of the statute as a legacy and must be distribute  between the mother and survive daughter accord and as to the other point the  court be of opinion that this bind be to be look upon as voluntary against the  creditor of baily but my Lord say that the agreement to pay or secure pound in  consideration of the marriage though it be only by parole and by consequence  not bind within the statute of fraud and perjury yet it be bind in conscience  and therefore so far as baily afterward execute that contract by payment of  part of the money agree upon it be a effectual performance and not to be set  aside in a court of equity and he never will call that fraudulent which be  just but as to the pound bind you can tack that to the parole agreement so as  to make it any evidence in write of that agreement or as a performance of it  for that appear to have be give four year after and without any application of  Eyton or his wife beside if it have be intend to be in execution of the former  agreement it be natural to conclude it will have be immediate deliver over to  the obligee or his wife which here it be not but baily the obligor always keep  it by he it be make at precedent in chancery the same time with his will show  to precedent in chancery er p they at the same time with his will and after  his death find with his will and therefore he can take it no otherwise than in  the nature of a legacy and voluntary and therefore decree a account to be take  of Baylys personal estate and that to be apply in the first place towards  payment of his own creditor and if any surplus remain the plaintiff be to come  in for a satisfaction of their bind in the next place before the legatee of  baily and cost on all side to come out of Baylys personal estate he be the  occasion of this suit but the plaintiff think there will be no surplus at all  and therefore desire a far day to consider whether they will not choose to  have their bill dismiss rather than enter into the account and my Lord  chancellor give they time accord to consider of it precedent in chancery de  boundary S mich in curian porter