c Chiswell v Blackwell S c Eq c ab Lord chancellor feme covert make a will in  this case it be declare by the Lord chancellor if the wife do make a will and  give legacy c although the husband do promise her to perform it and give her  leave to make it nay although he do after the death of his wife assent to it  yet he be not bind by it and the performance of it in he be only honorary  unless the husband do agree before marriage that she shall do it and then he  will be bind by his agreement Even in this case the will if it relate to real  estate of inheritance can be support in a court of law George v ambler  although if the estate be limit to use with a power reserve to the feme before  marriage to declare those use her disposal of estate so limit may take effect  at commonlaw do v staple t r but in a court of equity a woman may antecedent  to her marriage retain a power over a legal estate of which she be seize so as  to have during coverture a power to dispose of it and in case she make such a  disposition if the prescribe form be comply with it be at once effectual if it  be defective in respect of they the court can and will interpose to effectuate  it against the heir at law upon the consideration of a meritorious quality in  the person who be to take under the appointment without it the court will not  wright v Cadogan Eden Br p c folio edit and the rule be the same where the  wife be only beneficiary and trust the legal estate be outstanding wright v  Englefeld Ambl with respect to personal estate the moment a feme covert take  such to her separate use she take it with all its incident and the law to  place here and there be one of they Fettiplace v George Br Sturgis v Corp Ves  rich v cockle Ves Tappenden v Welsh phillim but all promise after nay if the  wife make he executor and he prove the will yet he be bind no far than in  honour he shall seem to be bind further by the oath which every executor take  before probate be grant to he that he will true perform the will and pay all  the legacy of the decease lindw king v reins Lord raym anon Ventr Swinb pt S  for the will of a wife be a void thing and it be in strictness no will and if  a bind be give to perform the will of a marry woman and she make a will it  have the import of a write and nothing else such a bind give before marriage  will clear be bind not only on the husband but the heir Rippon v Dawding Ambl  and see Cotter v Layer p wms bar v carter Cox can and in Marriott v kinsman  cro car which be recognize as a sound authority by Lord Hardwicke c in the  duke of Marlborough v Lord Godolphin Ves sen such a bind give after marriage  be hold good freeman semble a moi Q cest opinion be contrary a less rule deal  civil lie Q be as far as la Q si Le baron assent Q Le volunt be bone and that  in the court of this country a little proof will be sufficient to make out the  continuance of the husband assent after the wife death be resolve in brook v  turner Mod freeman er p