brown case ralph freeman and other appellant sir cleve more respondent that  march Mews dig seven freeman v more article of agreement between husband and  wife be good without the intervention of trustee marry woman have separate  estate be consider in equity as single woman with regard to such estate and  therefore have a absolute power of dispose of they in favour of their husband  or any other person notwithstanding their coverture bunb Eq ab can Mr Edmonds  by will date the that of July devise all his manor and land in the county of  Lincoln Hertford and Leicester to the appellant freeman and miller their heir  and assign and to their use during the life of dame Ann more upon trust to pay  the rend and profit of the premise during her life to such person as she shall  appoint for her separate use and with which the respondent shall not  intermeddle nor shall their same be liable to his debt and make the appellant  Greenhill his executrix he also direct that his executrix shall within six  month after his decease out of his personal estate pay to his say trustee or  the survivor of they pound upon trust to place the same out at interest with  dame Ann approbation and pay the interest and also the pound for such purpose  as she alone by any write execute in the presence of two or more witness or  any write purport to be her will notwithstanding her coverture shall direct so  as the same shall be for her own separate use and not to be liable to the  respondent debt or disposal the testator have afterward purchase other land of  about pound per and in the county of Lincoln and Bedford he by lease and  release date the that and that of April convey the same to the appellant  freeman and miller in trust for himself for life and afterward to pay the rend  and profit to dame Ann for her separate use for her life and then to convey  the premise to such person and for such estate and use as she by will or write  execute in the brown er p presence of two or more witness shall appoint and  for want of such appointment to her right heir for ever Mr Edmonds die on the  that of July and by article between the respondent and dame Ann date the that  of August she in consideration of his consent to her desire of live separate  agree that he shall have pay to he out of her separate effect pound within  three calendar month then next with pound per and parliamentary tax deduct for  his life Payable quarterly and it be thereby stipulate that the agreement  shall be make a order of court and that the trustee shall consent thereto and  that until such consent or order can be have the agent for dame Ann and her  trustee shall give security by a bind of pound penalty condition that either  dame Ann shall perform the article on her part and that such order of court  and consent as aforesaid shall be have or that dame Ann shall be brown deliver  up again into the possession to the respondent in the court of king bench or  in the middle temple hall on six day notice and the respondent covenant that  on be pay the pound and such consent and order be obtain dame Ann shall live  separate from he without molestation and that he will give security for his  performance of the article by a endorsement on these article date the that of  November the same be affirm and a proposal make for exchange the pound for a  additional annuity of pound per and to the respondent for life to these  article and endorsement the appellant Ellis be a subscribe witness but design  to defeat the article he prevail with dame Ann between the date of the article  and the endorsement thereon to make a will or write purport to be her will  date the that of November all write with his own hand by which she make he  though no way relate to her sole executor and residuary legatee and at the end  of this will or write be the follow extraordinary clause videlicet that all  the will or paper pretend to be sign by her and not have a silver penny in the  seal and lie between or under the wax and not sign in the presence of her  trustee executor or mrs Abigail Evelyn or any two of they shall be deem forge  or by compulsion in Hilary term dame Ann and her trustee exhibit a bill in the  court of exchequer against the respondent to avoid the article suggest that  the same be obtain by duress to which the respondent answer and exhibit a  cross bill to have the article perform and after witness be examine both cause  be hear on the that of November when the court be divide in opinion about the  validity of the article as be make between husband and wife no decree be  pronounce on the that of October dame Ann die and the appellant Ellis on the  same day get a probate of her will the suit be abate by the death of lady more  the respondent in easter term exhibit his bill of revivor against Ellis and  other to revive his former suit and for a performance of the article on the  that of January the cause be hear when it be order that a trial at law shall  he have between the respondent and the appellant Ellis on a feign issue  videlicet whether the article between the respondent and dame Ann date the  that of August and the endorsement thereon date the that of November or either  and which of they be free and voluntary execute by the say dame Ann on trial  of which issue before the Lord chief baron Gilbert at guildhall of the d of  June by a special jury of London which last nine hour a verdict be find for  the respondent that the say article and endorsement thereon be both free and  voluntary execute by dame Ann on the d of July follow the cause be hear upon  the equity reserve when the court unanimous declare that the brown article be  well execute by dame Ann pursuant to the power vest in her by the will of her  father Mr Edmonds and therefore decree that the same shall be perform and  carry into execution as far as they remain unperformed by dame Ann and her  trustee and that pound remainder of the pound by the article agree to be pay  in three month shall be pay to the respondent or who he shall appoint with  interest from the time that the say pound shall have be pay and that the  arrear brown er p of the pound per and shall be also pay he or to who he shall  appoint and that the respondent shall have settle on he the say annuity of  pound per and to be pay he quarterly for his life out of the separate trust  estate of dame Ann subject thereto by the article and that he shall have his  cost at law and in equity tax and pay out of the say trust estate and it be  refer to the deputy remembrancer to tax the same and take a account of what be  due to the respondent for principal and interest of the pound and the arrear  of the pound per and and it be also decree that all the trust estate of the  say dame Ann shall stand as a security for the same and the deputy be to take  a account of the say estate and effect and of what security the same do  consist at the death of dame Ann and certify to the court what part of the  trust estate be subject and make liable to the performance of the article from  both these decree the present appeal be bring and on behalf of the appellant  it be insist t Lutwyche n fazakerly that the court shall not have establish or  give any direction towards the execution of the article but the bill ought to  have be dismiss for that it full appear by the proof in the cause that lady  more be seize by force and continue under that custody and power till the time  of execute the article and that there be no consideration for the same but  only to be deliver from that confinement she have in fact live separate from  her husband for several year before that these article be not perform by the  respondent who be to give security that she shall live separate from he  without molestation yet no such security be ever give or offer neither do the  trustee consent nor be any order of court obtain both which circumstance be  part of the term of the article that no trial at law ought to have be direct  but the court shall have determine the question upon the proof without a trial  the fact on which the appellant relief be ground be only proper for the  consideration of a court of equity that dame Ann have by her will make a full  and complete appointment of all her trust estate pursuant to the power give  her by her father to her grandchild and creditor without take any notice of  the article and if those article be now to be carry into execution the several  annuitant creditor and legatee will be in a great measure prejudice though  they be no party to the suit to this it be answer on the other side c Talbot W  Banbury that marry woman who have separate estate be consider in equity as  single woman with regard to such estate and have a absolute power of brown  dispose of they in favour of their husband or any other person notwithstanding  their coverture and therefore in the present case the respondent late wife  have by the article make a appointment in his favour her coverture or his  relation to her at the time of make that appointment be no objection to it  that the fraud and imposition complain of be find upon a supposition that the  article be obtain from her by duress and be not free and voluntary execute  that fact be proper triable at law and it have be try and a verdict find for  the respondent upon full evidence there be no ground to allege that the  article be obtain by any fraud or imposition that the will of dame Ann can not  control the article under which the respondent be a creditor bring his bill of  revivor proper against her executor and the trustee of her separate estate and  it be neither necessary nor will it have be proper for he to have make her  legatee party to this bill for if in consequence of the decree there shall not  be asset leave to pay the legatee their full legacy the appellant can not be  liable to pay they more than the remain asset shall amount to and last that Mr  Edmondss suppose intention to exclude the respondent can operate no further  than to exclude he from take any thing by virtue of his will or settlement  only but there be nothing in either of they which disable dame Ann from make  any appointment in the respondent favour that she think fit to make and which  she have accord do by the article it be therefore hope that the decree will be  affirm and the appeal dismiss with cost accord after hear counsel on this  appeal it be order and adjudge that the same shall be dismiss and the decree  therein complain of affirm and it be further order that the appellant shall  pay to the respondent pound for his cost in respect of the say appeal jour vol  p brown er p