case blunt versus doughty Teresa maria blunt and marthan blunt and other may  the court will not determine bind to be voluntary if they do not exact tally  with the sum give for they but if the contract be fair enter into without any  circumstance of fraud it have be hold to be make for a valuable consideration  Lister Blount the plaintiff grandfather by deed of that e that of may recite a  settlement wherein be contain a power for he to charge the manor c thereby  atkins er p settle with any sum not exceed two thousand pound demise to  Englefield and Libb the manor of MapleDurham c to hold to they their executor  c from the day of his death for ninetynine year on trust to raise two thousand  pound and pay the same to the defendant Teresa maria Blount and Martha Blount  the plaintiff ant as a addition to their fortune in manner follow videlicet in  case one or both of they marry then to pay to one or both of they so marry one  thousand pound apiece within six month after their marriage and if both die  before marriage then to such person as at the death of the survivor shall be  entitle to the inheritance of the premise Lister Blount by his will date the  that of may give the defendant Teresa and Martha apiece to be raise out of his  personal estate except plate picture collection of horn and household good and  to be pay to they within twelve month after his decease with interest at five  per cent from his death and after other legacy and debt pay give the residue  of his personal estate except as aforesaid to the defendant equal between they  and likewise by his will request his son Michael Blount then a infant about  the age of seventeen that when he marry he will give defendant one thousand  pound apiece six month after they shall be marry and likewise give all the  except plate c to Michael Blount he pay for the same within twelve month after  his marriage or age of twentyone one thousand pound to these defendant as a  addition to their fortune and make atkins Henry Englefield and Martha Blount  defendant mother executor Lister Blount die June after who death Michael  Blount the only son and heir of Lister by a recovery bar the entail in his  father marriage settlement and thereby become entitle to a estate in fee in  the premise subject to pound additional portion secure by the deed of the that  of may Michael Blount by his marriage settlement in convey part of these land  to the use of himself for life remainder as to a rentcharge for his wife for  life remainder to his first and other son c he also settle certain other  premise for the term of year remainder to himself in fee the trust of the term  be in the first place to permit Michael to receive the rend so long as the  rentcharge shall be pay and in default of payment thereof by reason of the  charge of the say pound upon the settle estate then for the purpose of raise  so much money as shall be necessary to pay what shall be find due in respect  of the say charge to the intent that the premise charge with the say rend to  his wife may be discharge of the say you Michael Blount covenant for himself  his heir executor c that he will pay the say you when it shall become Payable  and by his will create a term of year for payment of such of his debt for  which he have give no land security by article of agreement of the that of  June between Teresa and Martha Blount of the first part Michael Blount of the  second and the executor of Lister blunt will of the three recite the will as  above and that Michael be Willing to accept the plate picture c at the value  of one thousand pound and that though whole amount of what the defendant  Teresa and Martha be to have towards their maintenance while they continue  single will not be above S d apiece which be conceive to be too little to  maintain they accord to their birth which be add to the pound apiece secure by  their father settlement will make their whole fortune in case they marry  amount to but pound S d each and further recite that Michael have attain his  age of twentyone out of brotherly love and affection be resolve to augment  their fortune it be witness that for settle all controversy between the party  and secure to the defendant a competent maintenance while single and portion  in case of marriage the defendant covenant with the executor of Lister Blount  that it shall be lawful for they to pay the money which remain in their hand  of listers personal estate to Michael and deliver to he the rest of the  personal estate undisposed of and to make over all the right and interest of  the defendant in the same for his use and benefit and that the defendant will  execute to the executor a general release of all their demand by virtue of the  will and in consequence thereof Michael covenant with the defendant Teresa and  Martha that he his heir executor or administrator will upon the defendant  execute such release give to these defendant two several bind in the penalty  of pound for payment of pound to each of they their executor c on the that of  march next which be accord pay to the defendant and also fifty pound a year to  each of they clear of tax halfyearly so long as they continue unmarried and  also to pay to the defendant respective the further sum of pound within six  month after their respective marriage over and above the pound secure to they  by the deed of the I that of may Teresa and Martha do afterward give a release  to the executor atkins and Michael do by two bind date the that of may bind  himself his heir c in the penalty of pound condition to pay to each of his  sister pound a year without deduction while single and to each of they their  executor c pound six month after their respective marriage note these bind be  give to secure the sum of pound and pound pursuant to the article of June over  and above the sum of pound secure by the deed of the that may Michael be at  his death indebt in above pound by bind and otherwise the bill be bring by the  son of Michael that the pound provide for Teresa atkins er p and Martha Blount  may be raise out of the personal and real asset of Michael and pay pursuant to  the trust of the deed of the that of may and that the remainder of the  ninetynine year land in the trust estate may be assign to attend the  inheritance at the hear of the cause it be decree that it be refer to a master  to take a account of the personal estate of Michael and to summon his creditor  and to state the several encumbrance and debt and reserve the consideration as  to the satisfaction of the several debt and encumbrance till after the report  it come on now upon the master report by which it appear that there be a great  number of bind creditor of Michael Blount subsequent in time to the bind give  by he to Teresa and Martha Blount the principal question be whether the bind  to Teresa and Martha be voluntary and to postpone to just debt Mr solicitor  general for the defendant cite bell versus Scott lev and Newstead versus  Searle February before Lord Hardwicke atk S c and the case of doctor young and  the trustee of the late duke of wharton and some of his bind creditor also  before Lord Hardwicke atk S c Lord chancellor the question be whether the two  bind of the that of may from Michael Blount be voluntary or for a valuable  consideration if to be consider as mere voluntary bind then they be within the  case of Jones versus Powell before Lord Harcourt Eq Cas Abr and ought to be  postpone to all debt Ramsden v Jackson atk if for a valuable consideration  then they must be allow to come in with the bind creditor of Michael I be of  opinion they be not mere voluntary bind atkins it will be extreme dangerous  for the court to determine they to be voluntary if they be not adequate or  tally exact with the sum give for they the court have not measure the  consideration of debt f this kind by exact rule of proportion of value nor do  it require that the consideration shall be commensurate to the value of the  estate but if such a contract be fair enter into without any circumstance of  fraud then it have be hold as make for a valuable consideration I be of that  opinion in Newstead versus Searle and in doctor young case here be a request  likewise by the father of Michael to make good the father will and if a bare  request only will have be a strong circumstance in favour of the defendant but  where a father make a will and be consider the particular and situation of the  estate and give a legacy to the son and desire he will do a act for the  benefit of his sister this to be sure do amount to a obligation upon the son  as far as the value of the father estate extend and in many case a request  have be construe to amount to a absolute devise vide the note to Harding v  Glyn atk if the son take a benefit from the father will promise to make it  good this may be a valuable consideration for a bind or settlement and will  not be fraudulent and this be a very strong ingredient in the case of Mr thynn  of Egham where the court decree against the son as he have declare that he  will be only a executor in trust for her under the father will Eq Cas Abr vern  it have be object here that the son be under age at the time of the will and  at the death of the testator but if after come of age he think fit to renew  that promise the promise under age may be a consideration for a promise when  of age and have be so hold at commonlaw vide brook v galley atk smith v French  ibidem but I go further and even abstract from this think it a good  consideration the sister take a bind instead of ready money for they be  entitle to have receive above pound apiece and may then have improve that sum  in the fund and in this length of time make it considerable No body can tell  likewise how far the undertake of the brother to perform the promise may  create a facility in the sister in take the account of Lister blunt estate  they be also entitle on the delivery of a specific legacy to Michael to a far  sum value by the testator at a thousand pound atkins they likewise consent the  residue shall be pay over to Michael and take his bind his personal security  for payment of the money atkins er p this be a consideration and a very  material one it be a great prejudice to they to lose the immediate payment of  the money and as great a advantage to Michael to have it in his hand a release  beside be give by the defendant to the executor of Lister Blount all these  thing complicate together make a good consideration for it be a entire  contract and must be take together and I can divide it for no body can say the  sister will have permit the brother to retain this thousand pound unless he  have agree to perform the promise the determination I shall make will not be  liable to the inconvenience suggest by the counsel for the creditor for  whenever the court shall see a consideration be make up with a view to defraud  creditor the court will lean against it and reduce it to what be just and  equitable but there be no such ingredient in the present case lev be a very  strong case there a feme covert join in a alienation of her jointure and have  another make the same day without precedent article or agreement and it be  hold by hale and the whole court not to be fraudulent against purchaser to be  sure where there be any symptom of fraud and do with a intention to cover  something against creditor the court will not suffer it to prevail but as this  transaction be clear of any such imputation I be of opinion the two lady mrs  Teresa and mrs Martha Blount be to be consider as bind creditor for a valuable  consideration for the whole sum his lordship declare that the plaintiff be not  entitle to any specific lie on the trust of the say term of year create by the  say marriage settlement to exonerate the say settle estate from its proportion  of the charge of the say pound create by the say Lister Blount but he be  entitle to come in as a creditor by virtue of the covenant contain in the say  settlement upon the say trust estate to receive a satisfaction for so much of  the say pound and interest as shall be find to be the proportion to be bear by  the settle estate and his lordship declare that the say bind of the that of  may be not to be consider as voluntary bind but as bind for a valuable  consideration Reg lib a fol