case mill against Eden care of court of equity to see debt of the testator pay  S c Eq Abr Eden be indebt to mill in the sum of five hundred pound for his  better security confess a judgement to he in the month of July Eden make his  will and devise his land to trustee to be sell for the payment of debt and die  the trustee be dead or refuse to act administration with the will annex be  grant to modern report the plaintiff mill as be the large creditor and that by  judgement mill bring this bill against the widow and other of his creditor to  have a account of the estate discover encumbrance c what be special in the  case be this Eden make a settlement upon his wife after marriage of the land  that be then his father in bar of dower and three his father join with he the  use in the settlement be to the use of his father for his life then of the  mother for her life remainder to the use of Eden for his life remainder to  mary Eden his then wife the defendant for her life for her jointure in bar of  her dower three c remainder c the father be alive at the time when the  defendant Eden put in her answer but die before the hear of the cause she by  her answer waive this settlement as be make after marriage and not to take  effect in the original creation of it immediate upon the death of her husband  as the statute about jointure require for the father may outlive the husband  and in fact do so and so may the mother and though they be since dead yet that  will not make the jointure more bind modern report er p she therefore insist  upon have her dower but the Lord chancellor see in the case that if she waive  this settlement these land will go to the heir at law not subject to the  payment of any debt since it be never part of the testator estate the father  outlive he and that if she be to have her dower there will not be asset to pay  as the counsel say five shilling in the pound and so that the wife do this in  favour of the heir at law to the prejudice of the creditor modern report he  decree that she shall take this estate for her life under this settlement but  that she shall assign it over in trust for the creditor who shall convey to  her a three of the land of her husband for her dower free from encumbrance he  say that this be no more than what be agreeable with what the court do in  other case as in decree a judgmentcreditor who have his election at law to  resort for his satisfaction to either real or personal estate to make such a  election as simplecontract creditor may not be defraud a see sagittary v hide  vern Porey v marsh vern Lannoy v duke of Athol atk Fontblanques equity a