case cotton versus cotton ashton Eq can ab pl Ch Rep pre Ch S c plaintiff be a  executor and residuary legatee of her former husband lend pound to a and b and  take a note for it in her own name and a bind in a trustee name and afterward  marry b one of the obligors the bind be not extinct the plaintiff be executor  and residuary legatee to her former husband lend pound to a and b for which  she take a note in her own name and as a far security Vernon chancery case er  p take also a bind from a and b in the name of I S in trust for herself and  afterward marry b one of the obligors who die the bill be to compel payment of  pound it be insist by the defendant counsel that the bind be a trust for the  wife and she marry one of the obligors the marriage be a release of the debt  and it be extinguish as it will have be in case the bind have be in her own  name say non allocatur that April the bill in this case be file by one of the  obligors in the bind against the obligee and his trustee to be relieve against  it and it appear from the statement in the register book that the plaintiff be  bind with her son Isaac cotton in the bind in question to the defendant mary  cotton and Thomas Ashton for the sum of pound which be in fact the property of  mary cotton as executrix of her former husband and that Thomas Ashton name be  only use in the bind in trust for her and that afterward the say mary cotton  marry Isaac the son of the plaintiff and one of the obligors the pound be pay  into court and the decree be that the defendant mary cotton ought to be pay  the money due on the say bind together with the interest and cost at law and  in this court and that the court can give the plaintiff no further relief  against the say defendant but that she shall be reimburse or repay the same so  far only as the defendant cotton have asset of her say husband estate which if  the say plaintiff shall think fit to have a account of it shall be on peril of  cost the say defendant have by answer deny asset Reg lib a fol afterward that  may on a rehear summer Lord chancellor affirm the decree Reg lib a fol if the  feme obligee take the obligor to husband this be a release in law the like law  be if there be two femes oblige and the one take the debtor to husband   light  b vide note there sir John needham case   Rep Wankford v Wankford salk Fursor  v Penton ante Vol and case cite in note p Vernon chancery case dr term S the  number three in curian porter