case ex part caswell ex part CAZALET ex part Bateman Lord chancellor king mos  a trader on marriage give a bind to a trustee to secure pound to the wife if  she survive he the trader become a bankrupt this debt not to be allow nor any  reservation to be make for it nor shall it stop the distribution in regard it  may never be a debt so within the same reason a obligee on a bottomry bind  shall not before the return of the ship come in under the commission of  bankruptcy but in either of these case if the contingency happen before the  bankrupt estate be full distribute such creditor shall come in these three  case be reserve for the opinion of the Lord chancellor who have take time to  consider thereof the case be a husband trader in consideration of marriage and  of a portion give a bind to his wife trustee to leave the wife if she survive  he pound the obligor become peer William a bankrupt and it be object that in  Lord cowpers time vern holland v Culliford it have be order in ease of a bind  give on so valuable a consideration that the money compute upon the  distribution to be the share of the obligee in this bind shall be put out at  interest and the creditor to have such interest during the life of the husband  the bankrupt and if the husband shall die live the wife the money to be pay to  the wife but if the wife shall die in the lifetime of her husband then the  money to be pay to the creditor on the other hand Lord Macclesfield on a  petition ex part baily in hill Vac be say to have doubt of this wherefore  these case come now in question before the present chancellor his lordship  order the precedent make in Lord cowpers time to be leave with he and accord  one or two of those precedent be leave with he but his lordship be of another  opinion conceive that no part of the bankrupt estate shall wait or be defer  from be distribute the act order that the bankrupt estate shall be distribute  within month especial that the distribution shall not wait as in the present  case for a debt which be neither debt is owed in present time and never may be  debt is owed in going to be in regard the wife may die in the life of the  husband beside the husband after his certificate allow may go to his trade  again and become a solvent person able to pay off his bind and therefore in  all these case the court resolve that the contingent creditor shall not come  in for a distribution neither shall the money be reserve in favour of such  contingency but his lordship declare peer William that though the debt be  contingent when the obligor become a bankrupt yet if the contingency happen  before the distribution make then such contingent creditor shall come in for  his debt so if such contingency happen before the second dividend make the  creditor shall come in for his proportion thereof though after the first  dividend say contra ex part groom atk dly one of these caseswas of a bottomry  bind and the obligor thereof become a bankrupt before the return of the ship  and the ship aid not return before the distribution make whereupon it be hold  that such obligee shall have no benefit of the distribution upon the  commission but the case of a obligee in a bottomry or respondentia bind be now  particular provide for by stat Geo c S the stat g c S continue this provision  and whereas it be object that this bind will be bar after the bankrupt  certificate allow which can not be unless it be to be look upon as then due  per cur this can be if the obligee be careful in declare upon his bind indeed  if the party declare upon the bind only he shall be bar by if he set forth as  well the condition as the bind in the declaration for then it must appear that  the cause of action do not accrue at the time of the obligor become a bankrupt  say vide Alsop v price Doug d edit Tully v spark ld raym ex part Jeffries vin  pl ex part king Dav Hancock v Entwistle t r but now by stat g e peer William  er p S a creditor in respect of a debt Payable upon a contingency which have  not happen before the issue of the commission may have the debt value by the  commissioner and prove such value and receive dividend thereon or if the value  be not ascertain before the contingency happen then the creditor may after the  contingency have happen prove in respect of such debt and receive dividend  with the other creditor not disturb any former dividend by where the provision  be secure by a judgement or a bind forfeit at law before the bankruptcy ex  part groom atk ex part Winchester atk ex part Mitchell atk ex part greenaway  atk Goddard v Vanderheyden will S c b p note Hancock v Entwistle t r and see  Mr Eden note to ex part Jacob Eden where the contingency upon which the money  be make Payable be the bankruptcy or insolvency of the debtor such debt can be  prove under his commission ex part hill cook bank law S c Cox ex part Bennet  cook b l except in case of marriage settlement c where the money make Payable  upon such contingency be original the property of the bankrupt wife Lockyer v  savage Str fix part cook Ves re Murphy Sch l re Meaghan ib fix part Hinton Ves  ex part Hodgson Ves fix part young buck mad ex part taaffe g I and see ex part  elder mad ex part Oxley ex part Verner ba be