case l brook against sir William turner a wife by the consent of her husband  may make a appointment in the nature of a will S C Mod S C keb prohibition to  the spiritual court to prove the will of Philippa brook kV sir William turner  her executor a trial at the bar be have in which the case be thus James  Phillips by will in write date April inter alian give to Philippa for life in  lieu and full of her dower all his house in three crown col be in Southwark  purchase by he of one Mr Keeling another house in Southwark purchase of one Mr  bow and all his house in new fish street pudding lane Botolph lane beer lane  Duxford lane and dowgate London and die afterward there be a treaty of  marriage between the plaintiff Mr brook and Philippa Phillips it be agree that  all the say house and rend and profit thereof and all debt ready money jewel  and other real and personal estate whatsoever or wherein Philippa or any in  trust for her be interest or possess shall at any time as well before as after  the marriage be dispose in such manner as shall be agree on between they  thereupon by indenture tripartite between Mr brook of the first part the say  Philippa Phillips of the second part and William William and Francis Gillow of  the three part recite the say will of James Phillips and the say agreement the  say Philippa in consideration of a shilling pay to her by William and Gillow  do with the full and free consent of the say Edward brook the now plaintiff  grant bargain and sell to the say William and Gillow all the say house devise  by the last will of the say James Phillips in trust that the say trustee shall  permit her to receive and enjoy the whole rend and profit of all modern the  house purchase of modern er p Mr Keeling and of all the house in beer lane and  of two of the house in broad street in the possession of James and Worsley and  the quarter be rend only due at Christmas then last pass and no more save to  Philippa all former rend and arrear thereof to be receive by her and not by Mr  brook and to be employ as thereinafter be mention and upon this far trust that  after Mr brook death in case the say Philippa survive that then the trustee  shall permit Philippa and her assign from time to time to grant sell and  dispose of the rest of the premise and all other whereof she be seize or  possess as she shall think fit and also to receive dispose of and enjoy all  the rend and profit of the premise not thereby appoint to be receive by the  plaintiff for her only particular and separate use and not for the use of the  plaintiff without any account to be give for the same and not to be account  any part of Mr brook estate and that the acquittance of the say Philippa be  good discharge against the plaintiff and the say trustee to join with Philippa  in the sale and disposition of the premise and Philippa in far consideration  of the say marriage agree to pay to Mr brook on the day of marriage l and to  deliver he several bind and security for money in the say indenture particular  name and the say Philippa in further pursuance of the say agreement and in  consideration of a shilling pay to her by the say trustee do with the like  assent assign to they all her jewel ring money c and other her real and  personal estate upon trust that they shall permit her to enjoy the same to her  own separate and distinct use and to dispose thereof from time to time as well  before the say marriage as afterward as she shall think fit without any  account and for want of such limitation or appointment in trust for her her  executor administrator or assign and the plaintiff not to binder or impeach  the same and not to be take as any part of his estate or be subject to his  debt legacy or engagement and the plaintiff covenant that if the marriage take  effect the trustee shall quiet enjoy the premise and Philippa to dispose  thereof without trouble or molestation by he his executor c and that Philippa  notwithstanding the marriage shall at any time either before or after have  liberty by deed or will in write by her publish in the presence of two or more  credible witness or otherwise howsoever at her pleasure to give and dispose  all her real and personal estate good chattel c whereof she be possess before  the say intend marriage modern or at any time after or any other person in  trust for her except such part thereof as be thereby agree to be pay to and  receive by the plaintiff to such person or person and to such use and use  intent and purpose as she shall think fit and that the plaintiff shall assent  thereunto and not impeach the same in law or equity the marriage short  afterward take effect and Philippa by will in wait give all her estate away in  legacy and charitable use and she devise to the plaintiff twenty pound to buy  he mourning and give to sir William turner the defendant one hundred pound and  make he executor and she devise to Mr Hays and to Mr grace twenty pound apiece  who she make overseer of her will and die there be neither date nor witness to  this will save only the month and year of our Lord thereinmentioned and this  will not be prove in the spiritual court the plaintiff move for a prohibition  and the defendant take issue upon the suggestion in which case these point be  resolve by the court first if there be a agreement before a in e that the wife  may make a will if she do so it be a good will unless the husband disagree and  his consent shall be imply till the contrary appear and the law be the same e  though he know not when she make the will which when make it be in this case  as in other ambulatory till the death of the wife and his dissent thereunto  but if after her death he do consent he can never afterward dissent for then  he may do it backward and forward in ivfinitum and if the husband will not  have such will to stand he ought present after the death of the wife to show  his dissent second if the husband consent that his wife shall make a will and  accordinal she do make such a will and die and if after her death be come to  the executor name in the will and seem to approve her choice by say be be glad  that she have appoint so worthy a person and seem to be satisfy in the main  with the will and recommend a coffinmaker to the executor and a goldsmith for  make the ring and a beraldpainter for make the escutcheon this be a good  assent and modern er p make it a good will though the husband when be see and  read the will be thereat displease oppose the probate in the spiritual court  by enter caveat and the like and such disagreement after the former assent  will not hurt the will because such assent be good in law though be know not  the particular bequest in the will modern three when there be a express  agreement or consent that a woman may make a will a little proof will be  sufficient to make out the continuance of that consent after her death and it  will be needf ul on the other side to prove a disagreement make in a solemn  manner and those thing which prove a dissatisfaction on the husband part may  not prove a disagreement because the one be to be more formal than the other  for if the husband shall say that he hope to set aside the will or by a suit  or otherwise to bring the executor to term this be not a dissent hilary term  the twentyeighth and twentyninth of Charles the second in the duchy court sir  Thomas Ingram Knt chancellor