case villers versus beaumont and all see case collect in note to ware v  audland Bea v novembris in court Lord chancellor Eq can ab pl SC voluntary  settlement without power of revocation shall bind the party and shall not be  defeat by a subsequent will so though charge by the will with payment of debt  bale v Newton post p the case upon the plead appear to be thus videlicet the  lady and Beaumont take a lease from a hospital in Leicester for three life in  trustee name in trust for her and her heir she die and this lease come to one  William Beaumont who a little before his death by a little scrap of paper at a  alehouse but under hand and seal settle this term in which he have then only a  trust upon the plaintiff Vernon chancery case his cousin to the intent to pay  his debt and give the surplus to they this be state to have be a deed sign  seal and execute by William Beaumont and purport to bear date five month  before the date of his will whereby he grant and assign the estate in question  to the plaintiff villers for payment of his and his mother debt but to permit  he to hold the same for his life r l after this he be dissatisfy with this  settlement which he have deliver out of his hand to a creditor make his will  in write and thereby devise this term subject also to the payment of his debt  to his half brother the defendant the Lord Beaumont in who family this lease  have for a long time be and the question be whether the deed or will shall  prevail on behalf of the defendant it be insist that the manner of obtain this  deed carry with it badge of fraud and circumvention or of a surprise at least  Mr Beaumont declare as much present after the execute of it and it be further  insist that a man have a power over such a voluntary settlement for which be  cite the Lord ormond case as a authority in point but it be answer that all  latter resolution have be contrary to the opinion in that case and instance  particular in the case of crump and bowater and the latter case of Curtis and  hatcher concern mrs Levistons estate where it be resolve that a second deed  shall not prevail against the former much less a will vide Allen v arm post  bale v Newton post Clavering v Clavering hill pre Chan and post vol p Chadwick  v dolman ibidem case of duchess of Albemarle v earl of bath Ch can p young v  cottle p wms Boughton v Boughton atk Pulvertoft v Pulvertoft Ves Worrall v  Jacob mere fear v Ashwell swan Bolton v Bolton ib Cecil v butcher I W do v  knight b c but where of two voluntary settlement the first be gain by fraud  the second shall prevail Naldred v Gilham p wms et vide cotton v king p wms  but in no case where a deed be not sufficient to pass the estate and the party  must come into equity have this court execute a mere voluntary agreement there  must in such case be a valuable or at least a meritorious consideration colman  v Sarrell Ves jun et vide distinction between voluntary agreement and actual  conveyance create a trust for mere volunteer where neither good valuable or  meritorious consideration ellison v ellison Ves Antrobus v smith Ves Lord  chancellor there be no colour in this case if a man will improvident bind  himself up by a voluntary deed and not reserve a liberty to himself by a power  of revocation this court will not lose the fetter he have put upon himself but  he must lie down under his own folly for if you will relieve in such a case  you must consequent establish this proposition videlicet that a man can make  no voluntary disposition of his estate but by his will only which will be  absurd the defendant Lord Beaumont file a cross bill for the establishment of  the will and that the trustee may thereunder assign the term to he which be  dismiss but without cost it appear that during the pendency of this suit two  of the life drop and it be allege that the remain life may drop before the  cause can be bring to a hear a order be obtain that the plaintiff shall have  leave to renew the lease and to add two life to the life then in be Reg lib b  fol note l the trustee have the legal estate be direct to convey and assign  upon payment to one of they of a debt due to he from lady Beaumont r l Vernon  chancery case er p