case Poulson versus wellington see GriffithBoscawen v Scott Ch d follow re  Farnells settle estate Ch d Lord chancellor king Eq can ab pl a widow of a  freeman of London who leave child and die intestate be entitle to four nine of  his personal estate and have by deed assign over her four nine for her  separate use in case of marriage and to such person as she shall appoint and  for want of such appointment then to her child the widow intend to marry a  second husband by another deed to which the intend husband be party in  consideration of the intend marriage and of a settlement make on her by he  recite that if she do not dispose of her four nine the husband will be entitle  thereto and then assign it over to trustee in trust for the intend husband  during their joint life subject to her control and disposal by write and die  without dispose of it decree the second husband be a purchaser and the recital  that he will be entitle to it if the wife shall not dispose of it be a gift  the plaintiff as administrator of his late wife mark who be the widow of one  Wellington a freeman of London bring this bill for the recovery of four nine  of Wellington the freeman personal estate the case be Wellington the freeman  have a wife the say mary and three child and die intestate mary the widow  after the death of her first husband and before her second marriage by  indenture date the that of November assign five nine of her late husband  personal estate in trust for her child and as to the four remain nine to which  she be entitle three nine as her customary part be a freeman widow and a three  of a three be the dead man part which make another nine and belong to the  widow by the statute of distribution of intestate estate the widow by her say  deed of the that of November assign these peer William four nine to trustee in  trust for her separate use for her life in case she shall marry and afterward  in trust for such purpose and such person as she shall by deed to be attest by  two witness appoint and for want of such appointment to her child by the first  marriage but the husband which she shall marry on his survive her to have  pound out of the four nine afterward she have agree to marry the plaintiff by  indenture date the that January to which the plaintiff be a party and attest  by two witness pursuant to the power recite that she have before settle the  child five nine in trust for they and that in case she shall make no  appointment of her own four nine they will belong to her then intend husband  the plaintiff Poulson by this deed assign her say four nine in trust for the  plaintiff Poulson during their joint life but she to have the management peer  William er p and order thereof during the coverture or by any write duly  attest to appoint it over and the plaintiff Poulson by this indenture covenant  to settle a household estate upon the wife for her life and afterward to the  issue of the marriage the plaintiff Poulson marry the say mary and she  afterward die without issue by he and without make any appointment the  question be to who the wife four nine shall go whether to the second husband  or only the pound to go to he and the residue to her child for want of a  appointment make by the wife after the second marriage Lord chancellor for  some time much doubt thereof for that the plaintiff the husband have notice of  the wife first deed but because he be a purchaser of these four nine and peer  William it be recite in the last deed that in case the wife die without make a  appointment the plaintiff the second husband will be entitle thereto which  though but a recital yet show the intention and agreement of the party and  amount to a informal appointment and as no strict form be requisite to  constitute such appointment and since the latter deed vary the power reserve  to the wife the first deed require that it shall be by write attest by two  witness and yet by the latter deed the power of appointment reserve to the  wife be by any write duly attest in which case a write will have be duly  attest though it have but one witness for these reason his lordship yet with  some hesitation decree the four nine to the plaintiff the second husband Reg  lib b fol by the name of Poulson v Derby but at the same time declare it to be  clear his opinion that if the plaintiff the second husband have no notice of  the first deed make by the wife while she be a widow this will have be a void  deed and fraudulent as against he say vide cotton v king ante king v cotton  post this decree be afterward may affirm on a appeal to the house of lord vide  Bamfield v Popham ante vol bibin v walker Amb Wilson v Piggott Ves jun