case white versus hussey all Eq Abr c S c Chan can the plaintiff and defendant  Hussey be trustee in a term for year for raise a sum of money and I S who have  the reversion settle it precedent in chancery upon the defendant Hussey and  his heir in trust for his mother who have convey it before to he for her life  and after her death if he survive her then in trust for he and his heir but if  she survive he then to her and her heir ten year after while lend a sum of  money to I S have have no notice of this second conveyance to Hussey and take  a mortgage of these land to trustee I S die his mother survive he then white  set up his mortgage and exhibit his bill against the mother of I S and the  defendant Hussey to set aside the former conveyance make by I S as be  voluntary and fraudulent against he and that therefore the term of year may  precedent in chancery er p be whole assign to he and be thereby enable to  raise the trust money and his own mortgage money too the mother answer and  swear that before her convey the estate to I S her son it be agree between  they that he shall make such reconveyance and that the same be not make  private or keep secret nor be upon any trust and that she know nothing of  white lend any money to her son white proceed no far upon this bill the mother  make her will and devise this land to Hussey and another of the defendant for  payment of debt and legacy then white exhibit a new bill to the same effect  against they who make the same answer the mother have do before videlicet set  forth her answer and that they believe it to be true upon the hear of the  cause the court unanimous decree for the plaintiff though it be strong insist  by the defendant counsel that they can not so do without direct a trial at law  whether the settlement on Hussey be fraudulent or not for that fraud or not be  triable only by jury especial where the fraud if any be only from its be  voluntary and that if at law the jury shall find the fact special and submit  it to the court they can make no precedent in chancery judgement upon it but  it must be express find by the jury to be fraudulent or not but the  commissioner be all of opinion they may decree a conveyance to be fraudulent  mere for be voluntary and that without any trial at law and so they do in this  case