a feme before her marriage with a convey with a s privity land to trustee in  trust to pay the rend and profit to her sole and separate use for her life and  after her decease to such use as she whether sole or covert shall by her last  will limit and appoint and for want of such appointment then to her own right  heir for ever after the marriage a mortgage part of the land to b the  plaintiff for pound for a term of year and then a fine be levy by a and wife  who both declare the use as to the mortgage premise to be to the plaintiff for  secure the principal and interest the wife by order of the court answer  separate and insist that she be force by duress to join in the fine and that  the mortgage be fictitious and in trust for her husband in order to defraud  her that there be no power reserve to her in the indenture of bargain and sale  to dispose of her real estate or any part thereof but by her last will that  she have no estate in the premise but that the fine and mortgage be both void  it be argue that the legal estate be in trustee the party to the fine have not  such a estate in they whereof a fine can be levy to bar the wife be right and  that this be a mere naked power without any interest can not be bar by the  fine but remain still in the wife by force of the trust deed but Lord Chan  Talbot decree the trustee to convey to the plaintiff the mortgagee mich pen  and peacock ms Rep can in Eq tempt Talbot mich pen and peacock SC state it  accord and per ld Chan the suggestion of duress and fraud in the wife be  answer hot appear upon the proof although it must be confess that the reserve  the equity of redemption to the husband and his heir without any mention make  of the wife look a little suspicious it be needless to determine how far so  solemn a Act as a fine may be affect by it that it be very well know that the  operation of fine and recovery be the same upon trust estate as upon legal  estate and if so it must inevitable follow that a estate for life limit to the  wife and the remainder limit to her own right heir in default of any  appointment make by her last will be both dispose of by the fine and that if  no such remainder have be limit by it as the estate be the wife be own and  move original from her whatever be not convey will have remain in her and  consequent be bar that this answer the objection of its be a naked power or  power in gross and so not bar by the fine for how can that be call a naked  power which be to operate and take effect on the part be own estate it be  certain a power couple with a interest and annex to her inheritance and so  destroy by the fine since that a lease and release or any other conveyance  will carry with they all power that be join to the estate so feoff to the use  of her last will or the surrender of a copyhold to the use of one last will do  still leave a power in the feoff or surrender to dispose of their estate by a  new feoff or surrender decree as above but without prejudice to any future  bill that may be bring for discovery of the fraud or force ibidem note the  case of Blackwood and Norris with c be cite pro to ward off but that be in  case only of a personalty ibidem vide c Eq can Abr p Sharston and hipsley can  Drybutter and Bartholomew ibidem S page can the duchess of Hamilton and  incledon title injunction Eq can Abr p can equity case abridge er p h what  contract between baron and feme though void in law yet in equity be not  dissolve by the marriage