case pagett versus Hoskins ante pale yellow Chan S c pale yellow Eq Rep S c Eq  Abr pl Vernon Vernon case tempt Talb and wms atk S c cite with infra a freeman  of London have issue two daughter devise pound apiece to they and make his  wife executrix by a estimate it appear that his personal estate at his death  be pound to pound of which the widow be entitle a her second husband in  consideration thereof settle a jointure of pound per and afterward a loss of  pound befall the freeman estate and though the wife be dead and it be urge the  second husband be a purchaser of her fortune yet decree that the daughter  shall have a proportionable recompense out of the pound Peter Whitcombe be a  freeman of London and have issue two daughter only by a former venture make  his will and thereby devise pound apiece to his say two daughter and make his  second wife executrix and die the widow after his death prove his will and on  a treaty of marriage to he have between her and sir Bennet Hoskins she give in  a estimate of Mr Whitcombes personal estate amount to about pound whereof  pound be her own share she have take tally and order to that value into her  own hand and propose to have a settlement make on her by sir Bennet adequate  to that fortune thereupon by article recite a marriage intend to he have  between her and sir Bennet Hoskins and that it be compute her fortune upon the  account will come out to be pound sir Bennet in consideration thereof agree to  settle upon her by way of jointure pound per and for life and she at the same  time make a assignment of the dower she be entitle to out of Mr Whitcombes  real estate to trustee in trust to make good to sir Bennet any loss or  deficiency that may happen to the lessen of her pound fortune the marriage  take effect and sir Bennet receive the pound settle pound per and on his wife  for life precedent in chancery pursuant to the article and it happen afterward  that a loss of pound real befall Mr Whitcombes personal estate this bill be  now bring by the daughter after the death of my lady Hoskins and sir Bennet  who survive her against the defendant who have take out letter of  administration to sir Bennet for a account of his personal estate and to have  a proportionable recompense thereout for their share of the pound that now as  the case fall out be all the personal estate Mr Whitcombe have leave and it be  decree accord by my Lord Harcourt to a general account but afterward on a  rehear his lordship vary that decree and direct a account of the personal  estate exclusive of the pound from which decree the plaintiff now appeal to my  Lord chancellor Cowper it be insist upon for the plaintiff that they ought to  have a account of the personal estate at large that if they shall not have  this account they will be entire defeat of their portion that this pound be  all that be leave and sir Bennet have notice that it be subject to a account  ought to be affect with it especial as this case be where he be provide  himself with a recompense in case of any loss or deficiency that otherwise it  will be in the power of any woman who be a executrix to give away all her  testator asset with herself in marriage and so defeat trust creditor of their  debt the consequence whereof will be that none from henceforth will run that  hazard and so no woman will be make executor that though sir Bennet be in the  nature of a purchaser of this pound by his settlement yet he appear to be a  purchaser with full notice and therefore his asset ought to be liable to the  plaintiff satisfaction and cite vent Hodges and Waddington Vid vern on the  other side it be argue by Mr Vernon and other that if a executrix commit a  devastavit and marry the husband shall be liable even at law during precedent  in chancery er p precedent in chancery the coverture to make it good but after  her deathno suit can be maintain against he at law whatever fortune lie have  with her that in equity indeed it have be hold that any specific asset of the  wife testator may be follow in the hand of the husband after her death so for  any thing which he have mere in right of his wife he shall be liable in this  court so far as that extend to make good any devastavit commit by his wife  before marriage but for the fortune at large of the wife it be never yet carry  so far as to charge the husband on account thereof after her death especial  where the husband as in this case be a purchaser of his wife fortune for a  valuable consideration by make a settlement on her that if the wife before  marriage have sell these tally and order to any stranger and waste the money  the plaintiff can never have come against the purchaser for a recompense that  the husband be equal a purchaser in this case and ought not to be affect by  this accidental loss which have since happen in Mr Whitcombes asset that if it  be otherwise there will be no deal with a executor and where a woman be make  executrix she must never expect to marry but my Lord chancellor say that sir  Bennet Hoskins take notice in the very article that this very pound be part of  her first husband personal be eat and that too upon a account open and  unliquidated he come in as a purchaser thereof subject and liable to that  account and can be entitle to it no otherwise he do not take it as a state  liquidate sum whereto his wife be entitle but as so much as upon the account  may be come to her and therefore take it subject to the event of that account  and have accord provide himself of recompense in case it shall fall out to be  less and therefore be think that the second decree which exclude the pound put  of the account be wrong and that the first decree be right and ought to stand  precedent in chancery but Mr Vernon seem to be much dissatisfy with this  decree and apprehend the consequence of it may be very dangerous to person who  shall deal with executor for the purchase of their testator asset but my Lord  chancellor say that inference can not be make from this decree which be find  whole on the circumstance of the case note a case be cite when this chancellor  have the seal before where a executor be possess of a term for year in right  of his testator and be indebt to one in a sum of money on his own account  agree with his creditor for the sale of this term and that the debt shall be  discount out of the purchasemoney and yet upon a bill bring against he by the  creditor of the testator he be not allow to sink his own debt but be decree to  pay the money because he purchase with full notice that this be a testamentary  estate and nothing come into the executor hand as a equivalent for it to make  up the quantum of the testator asset pale yellow Chan viner purchaser pl and  Barnardiston vern Eq Abr pl wms Vid nugent v Gifford I atk in mead v Lord  orrery atk Lord Hardwicke allude to the above case of pagett v Hoskins observe  I see no ground for Mr Vernon dissatisfaction at the decree in that case  precedent in chancery de boundary S the number three in curian porter