case tempt Talbot case fort versus fort and blomfield a devise the residuum of  her personal estate about pound to b by her maiden name not know her to be  marry most of it be SouthSea stock her husband agree to settle it in two  trustee in trust for husband and wife and they transfer it to the trustee  accord there be a deed prepare but not execute as be object to by the husband  as not in pursuance of the agreement and by letter he give direction to  prepare another before that be do he die his wife administer she shall have  this SouthSea stock c in her own right and not as administratrix to her  husband Frances Witherley be possess of SouthSea stock and other stock to the  value of pound by will date the that of December devise some annuity and  subject to those annuity devise all the residue of her personal estate to  Bridget fort the plaintiff by the name of Bridget Witherley her maiden name  and make her executrix of her will and die the plaintiff be sometime before  the testatrixs death but unknown to her marry to Mr fort who thereupon agree  with the defendant blomfield to settle this pound and put it into the hand of  two trustee one whereof to be nominate by he and the other by his wife in  trust for husband and wife and the survivor the husband and wife make a  transfer of stock to the two defendant as trustee nominate by they both  blomfield the wife trustee draw a declaration of trust and send it into  Scotland to fort and his wife to be execute by they whereby this stock be to  be settle upon the husband and wife for their life and for the life of the  long liver of they then for the issue of the marriage and if no issue then for  the wife her executor and administrator the husband refuse to execute this  declaration apprehend that his wife will thereby be empower to dispose of the  stock during his life in case they have no issue and that she die before he  but by letter direct to the defendant blomfield he desire that the trust shall  be declare joint for himself and his wife for their life and after their  decease then to their child then to the survivor to take the whole a  declaration be accord draw but before it can be transmit to the husband he die  intestate without issue and now the question be whether the defendant shall be  look upon as trustee for the wife case tempt Talbot as administratrix to the  husband in which case the defendant fort will be entitle to a moiety under the  statute of distribution he be father to her husband or whether they shall be  trustee for her in her own right Lord chancellor the testatrix have make the  plaintiff executrix of her will and residuary legatee thereof by her maiden  name not know her to be marry at that time and it will be hard therefore to  say this pound do vest absolute in the husband notwithstanding the case lev  that have be cite especial in the present case where she be make executrix and  consequent Chargeable with debt but without enter minutely into the kind of  right which the husband have to this stock whatever it be he have it single  through his wife subject to the several agreement make for settle this stock  and it be very reasonable that it shall be settle the husband have make no  settlement upon her the first agreement between the husband and blomfield be  that it shall be settle so as if they have no issue the survivor of the  husband and wife shall take the whole and that it shall be put into the hand  of two trustee to be nominate by the husband and wife who accord make a  transfer of the stock to the two defendant as their trustee then come the  declaration of trust draw by blomfield and therein a new scheme of turn his  money into land which be never think of before and the proviso about the  survivorship not at all observe but instead thereof it be express say that in  case there be no issue of the marriage it shall be to such use as the wife  shall direct this declaration the husband positive refuse to execute but by a  letter to blomfield propose case tempt Talbot er p to have it settle accord to  the agreement that be that neither he nor his wife shall have power to dispose  of it but that it shall go to the survivor upon which another declaration of  trust be draw but the husband be prevent by death from execute it have before  declare that which of the two survive shall have the whole which show case  tempt Talbot his intention of continue in his former resolution and nothing  appear to show any alteration of it take it therefore in that light I must  consider the defendant as trustee not only for the husband but for he and his  wife otherwise what necessity be there for their be nominate on both side I it  be antecedent agree upon what term this stock shall be settle the agreement be  complete jn both side and the subsequent transfer of the stock to the trustee  must be take in pursuance of that agreement and not to convey away all the  wife right which be settle by the precedent agreement to which this transfer  relate and be a completion of I be therefore of opinion that upon her survive  her husband this stock be become her sole and absolute property and so decree  the defendant to be trustee fr the wife in her own right see sir James Lowther  v Lord Charles Cavendish Amb