case hill versus bissel in court Lord chancellor mrs hill bring a bill against  mrs bissel administratrix and second wife to her late father Mr bissel decease  a freeman of London for a account of his personal estate a account be decree  and the master make a special report and the only question be whether a  settlement make by Mr bissel on the defendant be in fraud of the custom Mr  Brandon by his will devise one three of his personal estate to his daughter  the defendant mrs bissel and the other two three to his four grandchild and in  case any of they die before twentyone or marriage their share be to survive to  the other and make Mr Goddard and his soninlaw Mr bissel executor Mr bissel  only prove the will and possess himself of the estate part whereof be two  leasehold house which he renew as executor on the same trust and he pay off  some encumbrance on the premise and take assignment of they in trust for  himself afterward Mr bissel by deed recite the will and the trust and that two  of the grandchild be of age and have be pay and release their legacy and that  their legacy be secure for the other till the contingency happen he convey his  wife three whereof the house be part in trust to pay he the money he have  discharge the encumbrance with and then in trust for himself for life  remainder for his wife for her life remainder for their child and Mr Verney  for the defendant insist that this settlement can not be say to be in fraud of  the custom because the custom never attach on it and that it be resolve in the  court of exchequer in the case of shaw versus Vincent where a freeman have  make such a settlement of a estate his wife be entitle to as executrix that it  be not a fraud on the custom Mr Lutwyche for the plaintiff insist that it  appear by the recital of the deed that a computation have be make of the  personal estate of Mr Brandon and that the executor have pay or secure the  other two three and that therefore his wife be a legatee of the other three  that vest in he at the same time too for he can not make it more his own by  any act of his and that it appear he look upon himself as owner of it and that  therefore the settlement be make to take effect after his death it ought not  to take place in wrong of the plaintiff his daughter by the first venture  mosely report Lord chancellor I do not think this settlement be a frand on the  custom the lease come to he as executor and he renew they as executor subject  to the use and trust of the will which show he design they shall continue part  of the testator estate his wife be a legatee but the lease continue in he as  executor till he assent to the legacy and at the same time that he assent to  the legacy he assign it over he may to be sure have dispose of it I do not  think the custom ever work on this estate it be not his wife till he assent  but if he have die intestate it will have go to the administrator de good non  of Mr Brandon and the deed be a assent to the legacy on term that he shall  reimburse himself the money lie out and have the estate for his own life and I  shall not construe the custom which be in derogation of the commonlaw in so  strict a manner vern Chan Cas you may move to discharge a order though you be  in contempt for not obey it and it be resolve by the lord commissioner in the  case of the earl of Suffolk and Mr Howard where Lord Macclesfield make a order  on the defendant to produce the write for the plaintiff inspection accord to  the submission in his answer Thursday January the that motion