atkins case Samuel Newstead stokes and Susannah his wife Atkinson and  Elizabeth his wife and other plaintiff Samuel Searles miller and ball and  other defendant march the d SC west t hard see Oteley v man east Johnson v  Legard m S Dickenson v wright h n clarke v wright h n smith v Cherrill lr Eq  price v Jenkins Ch d follow gale v gale Ch d see Mackie v Herbertson App Cas  in re Cameron v well Ch d Tucker v Bennett Ch d explain de mestre v west a c  Att Gen v Jacobs smith Q b a widow who have two child by a former husband and  no provision make for they and these two child each of they a child and be in  possession in her own right of freehold copyhold and leasehold estate by  article before her second marriage to which her husband be a party and by his  consent convey the whole to trustee that they shall divide the freehold  copyhold and leasehold if no issue of the marriage in moieties one to the  plaintiff her grandson his heir and assign the other to her grandaughter in  fee provide if there shall be any child or child of the marriage that child or  child to have a equal share of the say estate with the grandson and  grandaughter the husband aid wife afterward mortgage the settle estate to  person who have notice of the settlement declare that the settlement be no  voluntary agreement but a bind one and no instance where such a limitation  have be hold fraudulent and void against subsequent purchaser or creditor for  if it shall no widow on her second marriage will be able to make any certain  provision for the issue of a former the plaintiff Newstead be the old son and  heir of Elizabeth late the wife of Newstead senior who be the old daughter and  coheir of Elizabeth Searles decease by John mark n her former husband and the  plaintiff Susannah be the young daughter and another of the coheir of  Elizabeth Searles decease by John martin and the plaintiff Elizabeth the wife  of Joseph Atkinson be the daughter of Susannah Stokes and grandchild of  Elizabeth Searles Mr Cornwallis seize in fee of freehold and copyhold and  possess of leasehold hold of the bishop of Norwich in Suffolk of the yearly  value of pound make his will in have first surrender his copyhold estate to  the use of his will and thereby give to grace his wife all his freehold  copyhold and leasehold for so long as she shall continue his widow and after  her decease then he give the freehold copyhold and leasehold estate to  Elizabeth Searles then Elizabeth martin his daughter and her heir the testator  die soon after Elizabeth Searles before her marriage with the defendant Samuel  Searles by indenture date the that of April between her of the first part  Samuel Searles of the second part smith and Maltyward of the three part recite  the will of Mr Cornwallis and that a marriage be intend between Elizabeth and  Samuel and that it be agree Elizabeth shall have the disposition of her estate  after the death of grace Elizabeth with the consent of Samuel for the  settlement of her estate upon such child and grandchild as Elizabeth shall  have live either by her late husband John martin or by Samuel Searles at the  time of her death do covenant with smith and Maltyward that they and their  heir shall after the intend marriage and the death of grace stand seize of the  atkins message hold by lease of the bishop of Norwich and all other the say  estate of John Cornwallis give by his will to Elizabeth Searles after grace  decease to the use therein and after mention that be to say when the freehold  and copyhold land shall come to be vest in Elizabeth to permit Samuel Searles  to receive to his own use during the coverture the rend and profit thereof and  if Elizabeth survive Samuel then she to receive they during her life with a  power to Elizabeth to charge the say estate by her will or any other write  with pound to be pay after her decease as she shall appoint and for want of  such appointment to be pay to Samuel and after the death of grace and  Elizabeth that the trustee and their heir shall divide the freehold hold and  leasehold estate in manner follow that be to say if no issue between Samuel  and Elizabeth live at her decease that then they shall convey one moiety of  the say premise to the use of the plaintiff Newstead his heir and atkins er p  assign and the other moiety to the use of the Susannah Stokes her daughter for  life remainder to her grandaughter the Elizabeth Atkinson her heir and assign  provide if there shall be any child or child between Samuel and Elizabeth that  then each such child to have a equal share of the say estate with the  plaintiff Newstead and Elizabeth Atkinson the marriage take effect and the  defendant Searles enter upon the freehold copyhold and leasehold land and  receive the rend thereof upon the death of grace which happen in and enjoy the  same unto the death of Elizabeth which happen in September without leave any  issue by the defendant Searles the plaintiff on the death of Elizabeth become  entitle to the say moiety under the settlement and Susannah Stokes to the  other for life with remainder to Elizabeth Atkinson and her heir and insist  the same ought to be convey accord and that the deed of the that of April  ought to be carry into execution and therefore by their bill pray a account of  the rend c receive from the freehold copyhold and leasehold estate since the  death of Elizabeth Searles and that one moiety of the residue of the profit  may be pay to the plaintiff Newstead the other to the plaintiff Stokes and  Susannah his wife and that the legal estate of the say freehold copyhold and  leasehold estate may be grant surrender and convey to such of the plaintiff as  be entitle to the same accord to the settlement of the that of April the  defendant Searles in together with Elizabeth his wife mortgage the freehold  estate for a term of year for pound to pindar and the leasehold estate be  afterward assign to he as a further security and Searles and his wife levy at  that time and afterward fine whereby the freehold and leasehold become vest in  Searles in fee after Elizabeth death subject to the mortgage Searles insist  that he be entitle to the equity of redemption and that his wife execute such  deed and fine out of atkins affection to he and also that Elizabeth die  without appoint the two hundred pound under the deed of the that of April he  ought to have it pay to he the defendant miller claim as assignee of pindar  mortgage term which after several mesne assignment become vest in he the that  of march at which time he advance a further sum to Searles and his wife and  that there be now due to he for principal pound beside interest and say that  he never have any notice till after the death of Elizabeth Searles of the  plaintiff claim nor of the indenture of the that of April Lord chancellor the  question be whether the article of the that of April be for a valuable  consideration and bind or ought to be consider as voluntary and fraudulent  with respect to subsequent creditor or purchaser if I be to lie it down as a  rule that such article as these be not bind it will become impossible for a  widow on her second marriage to make any certain provision for the issue of a  former and the second husband may then contrive to defeat the provision make  for those child vide cotton v king p W countess of Strathmore v bow bro  Charles Rep I be of opinion these article ought not to be consider as a  voluntary agreement and that the plaintiff be entitle to relief in this court  this be the case of a widow who have two child by a former husband and no  provision make for they and those two child have each of they a child and the  mother be in possession in her own right of freehold estate leasehold and  copyhold the second husband if there have be a child bear alive will have be  entitle to be tenant by the courtesy of the freehold and also to the leasehold  and copyhold immediate upon the marriage to prevent this by the article before  the second marriage pound be allow to be raise by the wife out of the estate  and in case there shall be no child of the second marriage then one moiety  thereof be to go to the plaintiff Newstead his heir and assign and the other  to Susannah Stokes for life remainder to Elizabeth Atkinson her heir and  assign the former her grandson by the first marriage and the latter her  daughter and grandaughter but if t ere shall be any child or child of the  second marriage then they be to have a equal share with the plaintiff upon the  mortgage to pindar by the contrivance of some country attorney Elizabeth  Searles and her husband levy a fine and in the deed to lead the use there be a  complete recital of the will under which the wife claim and of her marriage  settlement in so ample a manner that the will and settlement must necessary  have be lie before he and he must consequent have have full notice of it as  agent for the mortgagee atkins er p the child of the first marriage stand in  the very same plight and condition as the issue will have do if there have be  any of the second marriage and even be provide for before they atkins suppose  there have be issue of the second marriage and they have bring their bill to  carry these article into execution upon a decree in their favour will not the  child by the first marriage have be equal entitle to a benefit from the decree  take the case with all its circumstance I think the settlement no voluntary  agreement but a bind one the statute of the and Elizabeth that make conveyance  fraudulent be voluntary conveyance make against purchaser upon a valuable  consideration or good fide creditor but it will be difficult to show that such  a limitation as in the present case have be hold fraudulent and void against  subsequent purchaser or creditor Jenkins v keymis lev there sir Nicholas  keymis be tenant for life remainder to his son Charles in tail in in  consideration of a marriage to he have between his son and blanch Mansell and  pound portion levy a fine to the use of sir Nicholas keymis for life remainder  to Charles and blanch for their life remainder to the heir of the body of  Charles of blanch beget remainder to the heir of the body of Charles with  power for sir Nicholas keymis to charge the premise with pound sir Nicholas  and Charles in join in a lease and release to David Jenkins and his heir for  pound on condition of payment of pound with interest some year after to be  void blanch afterward die without issue Charles keymis marry another wife by  who he have issue the defendant and die the mortgagee die and his heir bring a  ejectment and adjudge the lease and release be no good execution of the power  at commonlaw he then bring his bill in equity on these ground saint that the  consideration of the marriage of blanch and the pound pay with her do not  extend to the defendant be a issue by the second venture and so the estate in  remainder whereby he claim be voluntary two other ground not material to this  case but on the first Lord keeper Bridgman declare that the consideration of  pound pay on the first marriage shall extend to the issue by the second  venture Hardr Ch Cas Ch Rep pale yellow see pract see ante walker v burrow do  ex they Watson v Routledge Cowp the present be a strong case for here be  reciprocal consideration both on the part of the husband and wife by the  provision under the article for the child of the second marriage the mortgagee  have notice that the land be liable to these article and therefore the  plaintiff be entitle to have the benefit of they against the defendant who be  affect by notice and his lordship decree a account to be take of what be due  for the principal sum of pound and interest from the death of Elizabeth the  late wife of defendant Searles and to tax miller his cost so far as relate to  the mortgage of pound and upon be pay what shall be report due order the  defendant miller and Searles to convey the freehold and to assign the  leasehold and surrender the copyhold free of all encumbrance do by they to the  plaintiff Newstead Susannah the wife of Stokes and Elizabeth the wife of  Atkinson accord to the several estate and interest therein provide and limit  to they by the say marriage article Reg lib b foe