case ex part marsh August the saint post SC marriage without a portion be  itself a consideration for a agree mean brown v Jones post lancy v Athol post  vol Mr marsh a mercer die possess of good to the amount of pound and upward  some time after his death his widow marry her husband journeyman but before  the marriage article be enter into recite that she be entitle to a estate of  the value of pound and upward and also recite that he have take the money and  give a bind for secure the sum of pound to trustee for her separate use and  that she shall have the power to dispose thereof as she shall think fit by  deed or will and be also in possession of some plate belong to her first  husband she have a further power by the article to sell it and to pay the  money arise from the sale into the hand of the same trustee for the use of  other child by her first husband the wife be dead but before her death execute  a deed and appoint the pound and also the plate for the use of her child to be  equal divide between they the second husband be become a bankrupt and the  child of the first apply to the commissioner to be admit creditor for the  pound and to have the plate deliver up to they the commissioner refuse upon  the suggestion of the bankrupt that he be draw in and deceive in the opinion  he have of his wife fortune before the marriage the application now on behalf  of the child that the plate may be deliver up by the assignee and that they  may be admit creditor for the pound atkins Lord chancellor here be a man of  the trade of a mercer leaves a stock and good to a considerable value this  ought to have be divide accord to the statute of distribution one three to the  wife and two three to the child the wife possess the whole on her second  atkins er p marriage in order to provide for the child of the first she and  her husband enter into article to secure pound for her separate use c as  before state this be in consideration of the marriage and of the fortune she  bring and unless some fraud appear it must have its effect No doubt but this  be a contract for a valuable consideration but then it be insist on that this  man who be the journeyman to the first husband and must be presume to know  what be Mr marsh effect be deceive in the opinion he have of Mr marsh  circumstance and say by the assignee counsel that if he be defraud this be a  ground to relieve the bankrupt and the creditor have a right to stand in hide  place all marriage agreement differ from other agreement for these do not  arise from the consideration of a portion only but on account of the marriage  a man think fit to marry a single woman or a widow and imagine she have such a  fortune and perhaps on a strict account or by some defective debt it shall  fall short it will be very mischievous to set aside marriage agreement for  this reason No inventory deliver in to the ecclesiastical court by mrs marsh  as administratrix to her first husband which ought to have be do as the child  be entitle to two three the second husband and his wife possess themselves of  all the stock and good of her first husband and never make or deliver in any  inventory at all nor do they make up any account by which the child can have  what they be entitle to if this come before the court in a cause will they set  aside a marriage agreement on such circumstance they certain will not the  plate depend upon another point if this be the plate of the first husband and  come into the possession of the administratrix or into the hand of the person  marry that administratrix this certain be not within the meaning of the  statute of the James which say that all good in the possession of a bankrupt  whereby he gain a general credit shall be liable to his creditor because here  the administratrix have they in auter law and the husband can have they in no  better right and therefore not at all liable to the debt of the second husband  for the meaning of the statute if it be possible to put any meaning upon some  clause of this statute which be very dark pen be only with regard to good the  bankrupt have in his own right vide ex part Ellis ante his lordship therefore  direct the child of the first husband to be admit creditor under marsh  commission for the pound and the plate to be deliver up to they