atkins case smith and helen his wife versus French widow February if a husband  even after marriage convey his wife fortune to a trustee for her separate use  and the trustee be guilty of a breach of trust this court will oblige he to  make satisfaction to the beneficiary and trust the bill be bring for a  satisfaction of a breach of trust and the plaintiff by it have make the follow  case Helen the daughter of the defendant live with her till she marry her  first husband Mr segar upon his make his address to her in the way of marriage  mrs French the mother of the plaintiff Helen approve of the match and the day  before the wedding a reed to be a trustee of pound the portion of Helen which  consist of tally or exchequer order at pound per cent and for this purpose the  mother have the order deliver to her and assign to her by a endorsement upon  each of they previous to the marriage a settlement be prepare but not execute  till after the bill charge that it be execute before the marriage which  circumstance be deny by that answer by which the trust of this pound be  declare to be in the first place for the sole and separate use of the wife  during the coverture and for the issue of this marriage and in case there  shall be no issue that then the absolute property shall vest in the survivor  of husband or wife in a very few year afterward Mr segar be distress in his  circumstance prevail upon the mother who be the trustee to let he have these  order and sell they and apply the money to pay his own debt except pound which  he refund to the mother upon her press he for it be die insolvent and  therefore as the mother be a trustee for the daughter the plaintiff the  plaintiff insist she have be guilty of a breach of trust in deliver up the  tally for pound to the power the husband and for that reason ought to make  good the deficiency which be pound to the plaintiff atkins er p the defendant  mrs French make this defence that she disapprove of the match between her  daughter Helen and Mr segar but upon the solicitation of her daughter do agree  to it at last and admit that she have the tally endorse over to her for the  pound the day before the marriage but in a very short time after the husband  Mr segar become very necessitous and his creditor very importunate and that at  the joint request and the repeat importunity both of her soninlaw and daughter  she do deliver over the tally to Mr segar but not with a intention that he  shall imbezzle they to his own use but upon his suggestion that the landtax  tally of which these be part be quite full and that he must sell they out and  buy other that when she find Mr segar bad impose upon her and have apply the  money to pay off his debt she threaten to sue he upon which her daughter fall  upon her knee and beg her mother will desist from her intention for it be only  make bad worse and that she will release her mother from any demand she may  have against her on account of the trust the mother do not proceed in sue the  husband atkins but by fair mean recover back pound afterward till the day of  his death the husband and the plaintiff Helen live with mrs French and be  maintain by her and from his death till her second marriage which be no less  than seven year the daughter live with the defendant and never insist upon  this demand but several time offer to give the mother a release the fact of  the plaintiff Helen fall upon her knee to solicit in behalf of her first  husband and of her offer to execute a release to her mother after Segars death  be prove by Judith Powell another daughter of the defendant who be about  eleven year old when the first fact happen and about thirteen when the second  happen of the plaintiff Helen promise to release the principal case rely on  for the plaintiff be cite by Mr Noel and be mention in Needlars case hob page  Edward the wife be beneficiary and trust she and her husband sell the land she  receive the money and they both require the feoff to make estate to the vendee  and yet she after her husband death be relieve against the feoff and may also  against the vendee if he be privy to the use Lord chancellor the question in  this case be single between a beneficiary and trust and a trustee and  therefore it be not at all material whether the settlement be voluntary or for  a valuable consideration and if there be no other circumstance it can be doubt  but if a husband even after marriage convey his wife fortune to a trustee for  her sole and separate use and the trustee be guilty of a breach of trust that  this court will decree he to make satisfaction to the beneficiary and trust  indeed if there be creditor of the husband who have a prior lie upon the  property so convey it may make a material difference the principal question  here be whether upon all the circumstance of this case the defendant have be  guilty of a breach of trust and this must depend upon the defence which she  have set up by way of rebutter to the plaintiff demand if it stand clear of  such circumstance there can not be a plain breach of trust than deliver up  these tally to the power of the husband but the present case appear to I to be  a very hard and a very harsh demand in a court of equity as it be circumstance  take the evidence on both side to be true atkins he then run over the material  part of the defence in the manner I have before state it in the first place  his lordship say here be a very strong equity for the mother that what she aid  in the affair be at the importunity and repeat solicitation of the daughter  and who since the death of her first husband have over and over again offer to  execute a release when she may beyond all contradiction have do it for though  the assignment be a unfortunate transaction for the daughter yet as it be do  at her own request she can not blame her mother for it a objection have be  make to the most material witness for the mother who be Judith Powell because  she be but eleven year old when she swear to one fact and thirteen when she  swear to the other but notwithstanding her tender year this do not at all  invalidate her evidence for such a circumstance as a brother and sister be in  the utmost distress and the fall upon her knee to beg and implore a mother not  to ruin they must make full as great a impression upon a young mind as a old  one atkins er p there be another observation very material for the defendant  that notwithstanding the plaintiff Helen live with her mother at the time the  second marriage be propose yet there be not a syllable of proof offer to show  that either Helen herself or the plaintiff mention the least tittle of this  affair or even make any demand of the which they have now set up by their bill  and as it be a extreme harsh one after all the kindness and tenderness the  plaintiff Helen have receive at her mother band I be of opinion the defence be  very sufficient to rebut all the plaintiff equity I think it come very near  the case the defendant counsel ha e compare it to of a infant under age who  contract a debt during his minority show his consent to it by confirm it after  be come of age which shall effectual bind he though it be voidable at his  election brook v galley ante Chesterfield v Janssen ante vol note so here a  promise by the wife to release during the coverture it be certain can not bind  the wife but if after the death of her husband she repeat the promise it be a  confirmation of it and be good the case of Thayer and gold Feb the that vido I  t atk first beard before the late master of the roll and afterward before I  have be compare by Mr Noel to the present but there the circumstance in  support of the plaintiff demand be much strong than in the present atkins a  wife in that case after be very hardly and cruel use by a husband be prevail  upon to join with he in importune the trustee to convey over a trust estate  which be for the separate use of the wife to the husband and as the trustee be  a very near relation he can not be suppose to be ignorant of the cruelty the  wife bad undergo especial as she be prove to be in tear the whole time that  the conveyance from the trustee to the husband be read and execute there be  another strong circumstance against the trustee that he actual retain as much  out of that e trust as will satisfy a debt of his own from the husband beside  too it be land which have be convey in trust and I remember very well a great  stress be lie upon the circumstance of its be real estate I do not make any  decree there for upon my recommendation the affair be compromise and a middle  way find out by the party to put a end to the dispute in the present case the  original bill be decree to be dismiss without cost so far as it seek relief  for the remainder of the pound and a cross bill bring by the defendant for the  board and maintenance of the daughter be likewise dismiss without cost