case turton against Benson S c p wms e r with note if by marriage settlement  it be agree to give a man as a portion with his wife in consideration of a  jointure to be make on her and he without the consent of his mother who treat  for the marriage private give a bind to the wife father to repay of the  portion in seven year this bind be void in equity and can on the oblige become  a bankrupt be assign to his creditor S c Eq Abr S c vern S c Prec Ch S c stram  S c Peer wms mrs Turton a widow be possess of a estate in land as her jointure  to the value of four hundred pound ayear and have a son at the age of  twentytwo year and a barrister at law enter into a treaty of marriage for her  son with Mr Benson the agreement be that Mr Benson shall give with his  daughter a portion of three thousand pound and in consideration of this  fortune mrs Turton agree to settle immediate the four hundred pound ayear  which she have a interest in for her life as her jointure upon her son and  three hundred pound ayear of this very land be to be settle upon Mr benson  daughter as a jointure proportionable to her fortune when all thing be thus  agree upon and the affection of the young people engage Benson the father of  the young lady take Turton the son aside and tell he that his circumstance  will not allow he to give three thousand pound with his daughter however he  will do his utmost videlicet give he two thousand pound and let he have the  other thousand pound without interest for seven year but that he must give a  bind for the repayment of this thousand pound at the end modern report of  seven year and that unless he comply with this the match shall not go on  Turton rather than the match shall be modern report er p break off give the  bind afterward a settlement to which mrs Turton the mother be one of the party  be prepare and execute in pursuance of the agreement and express mention to be  make in consideration of a portion of three thousand pound and mrs Turton  actual quit to her son the interest she have for her life know nothing of this  bind and the marriage take effect Mr Benson owe sir Theodore Jansen a  considerable sum for which he and his son be both bind but sir Theodore not  satisfy with this procure from Mr Benson the father a assignment of this bind  thus procure from Turton the soninlaw as a collateral security for his debt  Benson the father four year after the marriage die very considerable indebt to  sir Theodore mrs Richardson and other both by bind and simple contract asset  be leave sufficient to pay the bind debt but not the debt by simple contract  mrs Benson the widow take out administration the debt to sir Theodore be  immediate discharge the son be bind for it as well as the father afterward the  administratrix and the son enter into a deed of composition with mrs  Richardson and the major part of the creditor by this deed of composition it  be agree that the administratrix shall pay small debt of a trifle nature as  servant wage c to the value of about two hundred pound that a office the  father have purchase for the son shall be sell and the profit arise from the  sale shall be asset that all the creditor party to this deed shall be pay in  equal proportion out of the asset without regard to the nature of their debt  whether bind or simple contract that the administratrix shall do her endeavour  to get in all the debt stand out and that the modern report administratrix  shall not be sue or molest by any of the creditor party to this agreement  whatever shall be hereafter get in or recover of the debt stand out be to be  equal divide among the creditor it be prove in the cause that mrs Richardson  hear that this bind be to be assign to her go to Mr Turton to talk with he  about it and that Mr Turton tell her that if he have to do with the family of  the Bensons he will never pay the bind for he have he be sure law of his side  but if it be to be assign to her he will not dispute it this discourse be  about six week before the deed of composition but be positive deny by Turton  in his answer the question be whether Turton the seven year be expire shall be  oblige to pay this thousand pound for which the bind be give to the creditor  of Mr Benson there be several authority produce to show that bind of this  nature have be relieve against in equity the case of Kemp v Coleman a salk a  lie down as a rule in equity that where the son without the privity of father  or parent during the treaty of the match give a bind to return or refund any  part of the portion such bind be void in the case of Lord Hamilton v Lord  Mohun b salk b one of the covenant be that the intend husband shall within two  day after the marriage release to the guardian of the young lady all account  of the mesne profit of a estate belong to her and Cowper Lord chancellor hold  this covenant void admit it obtain neither by surprise nor fraud because it be  for the private benefit of the guardian and compare this sort of contract to  brokage bind but think they modern report of a more mischievous consequence  and the rule mention in the former case be again lie down in the case of  goldsmith v bunning a S c Eq Abr a a note for payment of so much money be give  to a maidservant in consideration of the endeavour she be to use for the  procure such a match the maidservant marry one that know nothing of the  consideration of the note but be induce to have her upon account of the money  he think her entitle to by the note so that he may be look upon as a purchaser  of this note for a valuable consideration without notice of the reason for  which this note be give and yet the note be set aside in Lamlee v Hayman b  vern b a mother agree to part with her jointure for the advancement of her son  in marriage but take a private security from her son to assign over to her  immediate after the marriage a leasehold estate that the son be entitle to and  possess of as his own this agreement be set aside in equity in the case of  modern report er p Peyton v Blaidwell c may vern c Blaidwell upon the marriage  of his kinsman agree to settle upon he such a estate in possession and such in  reversion but enter into a private agreement with the kinsman that after the  marriage take effect he shall redemise c this agreement be set aside in equity  and Blaidwell force to account for the mesne profit of what be thus redemised  in pursuance of the private agreement in the case of Sloan v foul foul the  father tell his son he will not give his consent to his marriage with sloam  daughter except he will enter into bind to pay he such a sum of money as he  say he want for a provision for his young child upon which the son rather than  the match shall go off give his father his bind for the sum require and this  bind the son be relieve against upon a bill bring by himself and his  fatherinlaw modern report the counsel for the creditor insist much upon the  age and profession of Turton the one twentytwo year the other a barrister at  law but they seem to own that with respect to the administratrix of Mr Benson  they shall have have a hard case of it but that now it be against creditor  that will distinguish this case from the rest of the case cite they insist  upon the assignment of this bind to sir Theodore upon the acquiescence of  Turton during the life of Mr Benson which be four year after the match and  upon the discourse that pass between Turton and Richardson which be a  inducement to her to come into this composition the case of Ellis v Warner e  cro James S c more S c Brownl S c Yelv e be cite where a usurious contract be  hold good in favour of a innocent person the counsel for Turton in their reply  quote the case of tailor v Wheeler a salk a to show that a assignee can not be  in a better condition than the bankrupt from whence it be infer by parity of  reason that the creditor in the present case can not be in a better condition  than Mr Benson or his administratrix Parker Lord chancellor all agreement of  this nature be odious and have as constant be set aside by this court as they  have be bring before it even in favour of those very person that be party to  the agreement b Peyton v Bladwell vern Redman v Redman vern gale v Lindo vern  Lamble v Hamam vern keat v Allen vern Pitcairne v Ogbourn vezey Neville v  Wilkinson brown c c Robert v Robert Peer wms Arundel v Trevillian Ch Rep smith  v arkwell atk Jackson v Duchaire term Rep b in this case there be plain two  agreement the one open and aboveboard the other secret and private and  derogatory of the former by the first the fortune be three thousand pound by  the latter it be reduce to two and this plain to the deceit of the mother a  party to the settlement who upon consideration of this fortune modern report  actual quit her jointure in order to make this settlement and if this bind be  nought as to Benson no assignment of his can make it good for if it shall  there be a end at once of the jurisdiction of this court over fraud for then  no matter how vicious and fraudulent the agreement be make but a assignment  and that will cure all c see vern c when bind be assign the meaning be that  the assignee be to have all equitable advantage that the assignor can have  have suppose a bind be assign upon which both principal and interest be  discharge shall the assignee recover the penalty which the obligee have no  right to d see hill v Caillovel vezey d I do not say this bind be so void as  that no subsequent agreement upon good consideration can make it valid but  nothing like this be in the present case as for sir Theodore and the  assignment to he his debt be pay he be entire out of the case as to the deed  of composition as it be call between the administratrix and the creditor there  be nothing in it to influence this case nor can there in the nature of it be  find so much as one reason draw from this bind to induce they to enter into it  it be only a agreement make between the creditor for prevent the waste of the  asset in law expense and restrain the administratrix from give that pre modern  report er p ference to debt that by law she may as for Turtons promise to mrs  Richardson if true for it be positive deny by Turton how far in honour it may  bind he be nothing to I it be a promise make upon supposition of a assignment  that be never make nor can she be suppose to become a party to this agreement  upon account of this promise the make of the profit arise from the sale of the  office be asset the preference the administratrix may have give to other debt  have she refuse be plain and modern report good reason for her to come into it  creditor be it be true entitle to favour but this be only with respect to the  estate of the debtor a this case be original hear at the roll in Michaelmas  term and the master of the roll decree that the plaintiff shall be relieve and  the bind deliver up S c vern pale yellow Chan from this decree the present  case be a appeal on which the former decree be affirm S c Peer wms see Webber  v Farrer brown p c Hamilton v mahon Peer wms Montefiori v Montefiori black Rep  Morrison v arburthnot brown c c jackman v Duchaire term Rep a