case style versus the attorney general march see Townend v Toker lr Ch a  annuity grant by the duke of wharton to doctor young in consideration that the  public good be advance by the encouragement of learning and in consideration  likewise of the love he bear he this be not a legal consideration nor do it  amount to a valuable one in the eye of the law see Jameson v Skipwith bro  Charles Rep the late duke of wharton on the that of march by deedpoll under  his hand and seal consider that the public good be advance by the  encouragement of learning and the polite art and be please therein with the  attempt of doctor young in consideration thereof and of the love he bear he do  give and grant unto the say doctor young a annuity of pound to hold during his  life out of all and every his manor message land tenement and hereditament to  be pay he or his I assign halfyearly or quarterly with a clause of distress in  case of nonpayment by a indenture date the that of July enrol in chancery and  make between the say Philip duke of wharton of the one part and doctor young  of the other part recite the above deedpoll and also recite that the say duke  be indebt to doctor young on the say annuity in pound to midsummer last and  also in pound more make pound and also recite that the say doctor young have  at the duke be special instance and request quit the service he be in in the  earl of Exeter family and thereby lose a annuity of pound and also recite that  the say duke be Willing to make e say doctor young some amends for his say  loss in quit the earl of Exeter family have propose to give he a further  annuity of pound to be pay quarterly in lieu of the say and of his say loss in  quit the earl of Exeter family it be witness that in consideration c the duke  do give grant bargain and sell to doctor young one other annuity of pound  beside the say annuity grant by the abovementioned deedpoll to hold unto the  say doctor young and his assign during his life clear of encumbrance and the  say duke do thereby charge all his manor c he be entitle to in law or equity  with the say two annuity of pound each Payable quarterly atkins by a deed date  the that of July the duke charge the land in trust to Mr justice Denton c with  the pound annuity of doctor young a bill bring by the duke of wharton  judgement creditor in Hilary term in August there be a decree for the sale of  the trustestates and that the money arise therefrom shall be pay to the  creditor accord to their priority and the residue to the duke doctor young in  his examination on the that of Feb before the master set forth at large the  consideration of the annuity and likewise the duke of wharton give he a bind  date the that of march in the penalty of condition for the payment of pound in  consideration of his take several journey and be at great expense in order to  be choose a member of the house of Commons at the desire of the say duke and  in consideration of his give up two live of pound and pound per and value in  the gift of all soul college on the promise make by the say duke of serve and  advance he in the world on the that of April the bind creditor of the late  duke of wharton bring their bill set forth the decree in the former cause and  insist that all the judgement and other creditor provide for by the say decree  have be pay and that there remain sufficient in the trustee hand to pay the  bind debt and that the claim of doctor young be to be consider as a gratuity  or present only and ought to be postpone to their demand the master on the  that of December make a report of doctor young demand and state the several  fact before mention relate to the two annuity and the bind and say that he do  not find any pecuniary consideration either for the bind or the annuity and  also state that several of the creditor of the late duke for money real lend  he be still unpay and therefore whether the say demand of doctor young amount  to shall take place of any of the debt subsequent in time which be for a  consideration in money he submit to the judgement of the court Lord chancellor  I can determine how far doctor young be to be prefer atkins er p to general  creditor or postpone who be not party to the decree as they be not before the  court the grant of his first annuity be on consideration that the public good  be advance by the encouragement of learning and the polite art and of the duke  of wharton be please with doctor young attempt therein and in consideration  likewise of the love he bear he atkins the second annuity be on consideration  of the duke be be indebt to doctor young in the sum of pound and in  consideration of the doctor be leave my Lord Exeter service and thereby lose a  annuity of pound per and during his life which the earl of Exeter have before  agree to settle upon he as to the first annuity I be of opinion that it be not  a legal consideration for though it may be a for good inducement to a person  for his do it yet it will not amount to a valuable consideration in the eye of  the law but then doctor young in his examination before the master swear that  he quit the Exeter family and refuse the pound per and annuity which have be  offer he for his life provide he will continue as a tutor to Lord Burleigh and  this mere upon the press solicitation of the late duke of wharton and the  assurance he give he of provide for he in a much more ample manner if this be  the truth of the fact and it be no where contradict it do certain amount to a  valuable consideration for it have be true say that it will equal arise where  a person give up a certain pecuniary advantage at the time of the grant as  where a sum of money be actual pay down at the time and though the grant of  the first annuity may be voluntary take single yet the recital in the second  will alter the nature of it and turn it into a valuable consideration for as  there be arrear on the first there be no doubt but this be a just and lawful  debt and the promise not to sue for those arrear be a good consideration and  from that time the first annuity cease to be a voluntary grant the bind can  never be support in any other light than a voluntary one for it be recite to  be give in consideration of doctor young be at a very great expense when he be  candidate for a seat in parliament I can consider this as a valuable  consideration for doctor young can be suppose to be a candidate for a seat in  the house of Commons upon any other view but serve his country and the part  the duke of wharton take in the affair can be consider no otherwise than as a  desire or request at most atkins the doctor be annuity be by Lord chancellor  direct to be pay out of the money remain in the hand of the trustee and which  arise from the sale of the trustestates so as not to disturb any payment that  have be already make and which be comprise in the schedule to t master report  that be confirm in d