case ex part Elizabeth Michael December the d will SC b m in pursuance of  article before marriage with the petitioner execute a bind to t m and W r  trustee under the article in the penalty of pound condition to be void if the  heir c of b m shall pay to t m and W r pound within three month next after the  death of b m for the use of the petitioner or in case she shall not survive he  to the use of her child or child if any a commission of bankruptcy issue  against b m who die on the first of April on the that of the same month a  dividend be make of S in the pound Benjamin Michael in pursuance of article  before his marriage with petitioner do on the that of January in the that year  of the late king execute a bind to Thomas Michael and William rous the trustee  under the article in the penalty of pound condition to be void if the heir c  of Benj Michael shall pay to Thomas Michael and William rous pound within  three month next after the death of Benjamin Michael for the use of the  petitioner in case she shall outlive her husband or in case she shall not  survive he to the use of her child or child if any a commission of bankruptcy  issue against Benjamin Michael who live some time after and die on the first  of April on the that of April a dividend of nine shilling in the pound be  direct to be make of michell estate the commissioner will not admit the  petitioner a creditor without a order of the court she petition to be admit a  creditor and to be pay out of the money remain in assignee hand a dividend in  proportion to what have be already pay to other creditor Lord chancellor  mention the case ex part caswell c p wms a where Lord chancellor king upon  such a contingent debt direct as husband die before a dividend the wife to be  admit to prove it and the case ex part greenaway ante before himself where on  his order it to stand over to give assignee and creditor a opportunity of  compromise it with the wife they admit her a creditor for pound half her  demand atkins the assignee be serve here with notice and no counsel attend for  they his lordship direct she shall be admit a creditor and to a dividend of  nine shilling not be oppose his lordship declare that if there have be a  judgement he shall have think this will have make it a immediate debt see ex  part Winchester ante and she will have be entitle to come in as a claimant  before the death of the husband and assignee must then have retain sufficient  in their hand on a dividend day to answer a proportionable dividend to the  petitioner when the event happen in the same manner as in the case of oblige  in respondentia or bottomry bind or person on policy of insurance under a act  of parliament of the that of George the second where it can be know whether a  loss have happen or not January the d Lord chancellor have some doubt after he  have pronounce the order last day of petition and therefore will not suffer  the secretary to draw up the order though no defend upon a search at the  bankrupt office there be find the case ex part greenaway ante and the four  case which come on together upon contingency by the order of Lord Hardwicke  who say that Lord king be a obiter opinion as to a wife be admit to a dividend  that Lord Talbot doubt of it and that he himself also doubt of it and in a  case ex part groom ante in December be of opinion the creditor can not be  admit and find his opinion on Tully vers spark in the court of king bench and  therefore in this case of Michael he declare that he be very unwilling to make  a precedent though this appear to be a very hard case the only difference  between groom and this be that groom case be upon contract but this upon bind  and unless you can make it debt is owed in prsenti to loosen in going to be  which will be difficult to do the petitioner will not be entitle to atkins er  p prove it in those case where he have let in such creditor a judgement be  give at the time which be a immediate debt at law and suspend only in equity  upon the defeazance his lordship order it to stand over till next day of  petition and in the mean time recommend it to the assignee to compromise with  the petitioner see will