a widow of a freeman of London who leave child and die intestate be entitle to  four nine of his personal estate and have by deed assign over the same to  trustee for her separate use for her life in case she shall in marry and  afterward in trust for such purpose as she shall by deed attest by two witness  appoint and for want of such appointment to her child by the first marriage  that the husband which she shall marry on his survive her to have pound out of  the four nine the widow intend to marry a second husband by another deed to  which the intend husband be a party and attest by two witness recite that if  she do not dispose of her four nine the intend husband will be entitle thereto  and then by this deed assign it over to trustee in trust for the intend  husband during their joint life but she to have the management and the order  thereof during the coverture or by any write duly attest to appoint it over  and by the same deed the intend husband covenant to settle a leasehold estate  upon the wife for life and the issue of the marriage the marriage be have and  the wife dry without issue by the second husband and without make any  appointment the question be to who the four nine shall go whether to the  second husband or only the pound to go to he and the residue to her child for  want of a appointment thereof by the wife after the second marriage king c for  the reason in the margin and with some hesitation decree the four nine to the  second husband but at the same time declare it to be clear his opinion that if  the second husband have no notice of the first deed make by the wife while she  be a widow this will have be a void deed and fraudulent as against he Trin  Poulson and Wellington decree affirm in dom proc may will Rep his lordship be  in doubt for some time in this case for that the second husband have notice of  the wife be first deed but because he be a purchaser of these four nine and it  be recite in the last deed that in case the wife die without make a  appointment the second husband will be entitle thereto which though but a  recital yet show the intention and agreement of the party and amount to a  informal appointment and as no strict form be requisite to constitute such  appointment and since the latter deed vary the power reserve to the wife the  first deed require that it shall be by write attest by two witness and yet by  the latter deed the power of appointment be by any write duly attest in which  case a write will have be duly attest though it have but one witness for these  reason his lordship yet with some hesitation de reed as above ibidem