brown case sir lion PILKINGTON Appellant mary Cuthbertson Widow Respondent  that may Mews dig seven twelve a covenant that a wife shall be at liberty to  dispose of her personal estate do not extend to what shall come to her after  her marriage A wife have power to dispose of her personal estate which only  comprehend what she have before marriage get afterward into the possession of  a large personal estate in a private manner and conceal it from her husband  dispose thereof in charity hold that what she so conceal from her husband  shall not be make good to he so as to disappoint the charity viner vol p can  can ground and rudiment of law and equity can Eq can ab can can previous to  the marriage of the appellant with Lenox smith widow who be seize and possess  of a considerable real and personal estate certain indenture of lease and  release be execute bear date the that and that of march whereby the real  estate of the value of pound per and be settle to the use of the wife for her  natural life remainder to the issue of the intend marriage remainder to the  survivor of the husband and wife in fee and by this deed sir lion covenant  that the say Lenox shall convert to her own use all or any of the rend and  profit of the say premise after the intermarriage during her life at her  pleasure and that he will permit and suffer her after the marriage to take and  dispose of the rend and profit of her copyhold estate and all or any part of  her personal estate to such use as to her shall seem meet without give any  account thereof to he and that he will not during her life intermeddle  therewith without her consent in April Cuthbert Harrison esquire the father of  dame Lenox die intestate whereupon she obtain letter of administration and  possess his personal estate on the that of July dame Lenox in pursuance of the  power reserve to her by the above settlement execute a deed poll whereby she  give all her personal estate to the respondent who thereupon execute a deed  declare that the say deed of gift be make to her in trust only and for the  benefit of such person and person and that the say personal estate shall be  distribute in such manner and proportion as dame Lenox by a write under her  hand attest by two or more credible witness shall appoint accord dame Lenox by  another deed of the same date and attest by three credible witness direct and  appoint a distribution of her personal estate to be make to several of her  friend and acquaintance in manner therein particular mention she then give  certain pecuniary legacy to three several charity and direct that if her  personal estate shall fall short to make up the charity proportionable  abatement shall be make in they and if there shall happen to be any surplusage  the same shall be apply in augmentation of the charity brown in a few day  afterward dame Lenox die whereupon sir lion take out administration to her and  also administration de good non of the say Cuthbert Harrison her father and on  the that of October he exhibit his bill in chancery against the respondent for  a account of dame lenox personal estate come to her hand and the respondent  file a cross bill to have the trust of dame lenox deed of appointment  establish and carry into execution both these cause be hear together before  the Lord chancellor Cowper on the that of February when the court inter alian  declare that the personal estate of the say dame Lenox which be her own at the  time of her intermarriage with sir lion and the produce thereof be and ought  to be deem and take as part of her separate personal estate at her own  disposal but that the personal estate of Mr Cuthbert Harrison her late father  which accrue to her after her marriage with sir lion ought not to be take as  part of her separate personal estate or within her disposal but do belong to  sir lion and in case she have dispose of her say father personal estate so  accrueing to her after her say marriage the brown er p same ought to be make  good to sir lion out of the surplus of her own separate personal estate before  such surplus shall be apply to the increase of the charity and therefore the  court establish the disposition make by dame Lenox of her own separate  personal estate and also the charity and refer it to a master to take the  account and tax the defendant her cost and to certify any matter of doubt or  difficulty to the court special the master by his report of the that of may  certify that the separate personal estate of the say dame Lenox amount to  pound S d or thereabouts but he state special that by the proof take before he  it appear that Mr Cuthbert Harrison leave in a portmanteau trunk pound in  silver and odd guinea which after his death dame Lenox take into her custody  and give sir lion only pound of it that she have lie out part of this money in  building a house and apply other part of it in payment of some debt which she  have contract before her marriage and of her father funeral expense amount in  the whole to pound S d the cause be hear upon this report on the that of  January before the Lord keeper Harcourt it be order that the surplus of the  say pound and odd guinea over and above the say pound and pound S d shall be  make good to sir lion Pilkington accord to the decree but from both these  decree sir lion appeal insist S Cowper f Wilkinson that by this reference to  the former decree his demand which be that of a creditor upon the separate  estate for the conceal money be postpone to the voluntary disposition of dame  Lenox by the deed of the that of July and that the appellant be a total  stranger to this concealment at the time of brown pronounce that decree can  not possible see the consequence of the direction thereby give and therefore  ought not to be prejudice by it that if there have be sufficient of dame lenox  personal estate to have answer the appellant demand the disposition make by  her though voluntary may have be satisfy as well as the demand but as in the  event of the account it appear that there will be no surplus remain for the  appellant satisfaction it be become necessary to determine whether he be not  entitle to have a prior satisfaction as a creditor with respect to the  voluntary donee who be in the nature of legatee and claim only under the deed  of appointment and if it shall be object that by this mean the charity will be  avoid it may be answer that they will be equal avoid if the voluntary  disposition take place for accord to the account which both side acquiesce in  there be like to be no surplus to go in augmentation of the charity and  therefore it be hope that both the decree will be so rectify as that the  appellant may have a satisfaction for the money which have be fraudulent  conceal from he on the other side it be say I Jekyll r Belasyse that Lord  cowpers decree be find upon the appellant answer to the cross bill whereby he  admit that Mr harrison personal estate amount to about pound that he have  receive pound of it and that he leave the whole management and disposal of the  residue to dame Lenox without interference or contradiction that the appellant  have long acquiesce in and proceed upon this decree and if it shall now be  reverse the respondent will not only be a considerable loser by take the  burden of the trust upon her but all the gift disposition and charity of dame  Lenox will be total disappoint accord after hear counsel on this appeal it be  order and adjudge that the same shall be dismiss and the decree and order  therein complain of affirm and it be further order that the appellant shall  pay to the respondent the sum of pound for her cost jour vol p brown er p