case brown versus Durston and other march the executor of a bind creditor of  sir W f s bring a bill for a account of his personal estate and if that fall  short of satisfy the debt pray that a sufficient part of the real estate may  be sell the real estate have never be asset of sir W f the land comprise in a  settlement make after his marriage be not liable to his debt by specialty for  they be not specific liens upon the estate the late sir William foul on the  that of may give a bind to Richard Powell in the penalty of for the payment of  pound sir William foul make a will and appoint executor but they renounce  administration with the will annex be grant to the defendant Durston the  testator at his death leave a son and three daughter all infant atkins the  testator personal estate be inconsiderable and cover by judgement and other  security and therefore the plaintiff the executor of Richard Powell have bring  his bill for a account of sir William personal estate and in case it fall  short of satisfy his debt pray that a sufficient part of his real estate may  be sell atkins er p the defendant the child of sir William foul by their  answer insist that he do in the lifetime of his father sir Richard foul by  lease and release of the that and that of march in consideration of a marriage  before have between he and dame harriot Newton his wife and of a portion of  pound limit the several estate mention in the deed to the use of he and  harriot his wife and their issue and covenant that he will within six month  after the death of sir Richard foul levy a fine and suffer a recovery for the  better assure the premise to the use in the release and have a power to revoke  all the use in the release and to create new after the death of sir Richard  foul sir William foul do by deed date the that of march endorse on though  release of the that of march by virtue of the power revoke all the use limit  by the release and appoint the estate contain in the release to two person and  their heir in order to settle the same in the manner mention in the endorse  deed recovery be soon after suffer of these estate and by lease and release  date the that and that of July in consideration of the marriage and other  consideration and for provide a jointure for the defendant mother and for  settle the say estate on the issue male of the marriage and for make provision  for daughter and young child in performance of the trust create by the deed of  the that of march sir William foul do convey to two person and their heir the  say estate to the use of the defendant father for life remainder to trustee to  support contingent remember anders remainder subject to the proviso make for  defendant mother to Newton and Sloane for year upon trust for raise portion  for the daughter and young child of the marriage remainder to the first and  other son in tail male of sir William foul remainder in fee to the father the  defendant the present sir William foul insist that dame Sarah foul the widow  of his grandfather sir Richard be still live and therefore such part of the  estate as be her jointure whereof she be in possession be not affect by the  recovery suffer by his father but the defendant be entitle atkins thereto as  tenant in tail male in remainder expectant on the death of dame Sarah foul by  virtue of the settlement make thereof previous to the marriage of sir Richard  foul with dame Sarah and the other defendant the young child of sir William  likewise insist that the testator do not die seize of any real estate subject  to his debt but long before his death have settle the same in such manner that  they become entitle to it on his death as purchaser for a valuable  consideration discharge of any debt or other encumbrance the counsel for the  plaintiff insist that in case any such settlement be make it be execute after  marriage and mere voluntary nor be any sum ever pay as a portion with dame  harriot sir William wife and therefore such settlement ought not to prevail  against the testator creditor but as to they ought to be deem fraudulent and  set aside Mr solicitor general for the defendant argue that this settlement be  not fraudulent though make after marriage and though no portion be pay for  there be no debt then due from sir William foul that he covenant by the first  settlement to make a good settlement and afterward when his father die he  suffer a recovery and declare the use accord to that covenant Lord chancellor  the question be whether this last settlement be fraudulent and void against  the bind creditor of sir William foul and as to this the real estate be never  asset of sir William foul and therefore the land comprise in this settlement  be not liable to his debt by specialty for the debt by specialty be not  specific liens upon the estate and the debtor sir William foul have do no more  by this recovery with regard to his creditor than what be do by his father  marriage settlement for by that settlement the son of sir William will be now  tenant in tail and his entail estate will not be liable to his father debt and  the recovery though it will let in all such debt as be specific liens yet will  not do so as to the debt by specialty vide Russel v Hammond atk Lord Hardwicke  therefore dismiss the bill against the defendant the infant atkins er p