a bind give to a keep mistress for the payment of a annuity of pound per Ann  for the maintenance of herself and provision for a child she have by the  obligor shall not be set aside in favour of his legitimate child or heir if  not obtain by fraud but the annuity be decree per the master of the roll to be  pay even after simple contract this be a voluntary bind and that in that  course of payment a fund shall be set apart out of the personal estate but his  honour have give no direction whether the real estate shall be Chargeable in  case of a defect of the personal asset on appeal Lord Chan Talbot hold the  real estate liable in case of a deficiency in the personal estate and decree  that if the same shall fall short upon payment of the arrear and grow payment  by plaintiff the HeirAltho this be a voluntary bind and postpone in point of  payment even to simple contract creditor yet it must not be in a worse  condition than they be its be voluntary gvies the Heirno right to set it aside  for as the ancestor may have grant the estate away entire from his heir so  when he think prper to charge himself and his heir the heir shall be bind in  respect of the asset descend upon he from his ancestor per Lord Chan ibidem  his lordship add that leave the obligee to sue the bind at law where she can  recover but the penalty and where the parole must demurrer until the heir now  but three year old come to his full age will be delay her much too long and  since even after advantage take of the infancy at law and the penalty recover  against the heir he may resort again to this court to have the whole thing  reconsider which be now as proper for the judgement of the court as it will be  the wherefore he decree c ibidem and that upon his secure the annuity out of a  sufficient part of the real estate these word of c not in the original when of  age the obligee be restrain from proceed upon the bind at law December Cray  and rook can in Eq tempt Talbot vide the case of Jones and Powell Vol Eq can  Abr p can that edition and my note there equity case abridge er p equity case  abridge b OF bind OF resignation and on criminal conversation