by original Cause between sarah lucas a infant daughter of John lucas by his  first wife Elizabeth plaintiff this case with some addition from Lord  hardwicke notebook be take from atkins and isabella lucas his second wife  administratrix of her daughter isabella and the executor of John lucas  defendant and by cross Cause between isabella lucas plaintiff and sarah lucas  a infant and the executor of John lucas defendant July that and that atk mary  Lucas in her last illness request of her husband that her wear apparel gold  watch pearl necklace ring c in her possession and use by her may be give to  her daughter and put into a friend hand for her daughter use which the husband  promise and after his wife death give the say thing to his daughter and make a  inventory and lock they up in a strong chest and give the key to his wife  friend and send the thing therein to her for his daughter use though the  husband afterward take some of the thing into his possession again that be not  sufficient to invalidate the gift which be perfect by the former act the  plaintiff in the original cause by her bill call for a account of her father  personal estate and payment of her west tempt Hardwicke share thereof and for  the delivery to her of certain article give to her by her father in his  lifetime Elizabeth Lucas in her last illness request of John Lucas her husband  that her wear apparel gold watch pearl necklace ring ornament and several I  piece of plate coin and other thing in her possession and use by her may be  give to the plaintiff and put into the hand of mrs Dunster a friend for the  plaintiff use which John Lucas promise and after her death he give the say  thing to the plaintiff and make a inventory and evaluation of the same to the  amount of pound S d and lock they in a strong chest and after make three copy  of the inventory put one into the chest and give the key with another copy to  the say mrs Dunster and the three to James Lucas his brother to the intent it  may be know what be give in the presence of several person he send the chest  with the thing therein to mrs Dunster for the plaintiff use and she accept the  same on the plaintiff behalf John Lucas after his first wife death by article  of the that of June between he of the first part and Holmes and the defendant  Isabel of the second part recite a intend marriage between he and Isabel and  that Holmes have agree to pay he pound and that he have a daughter the  plaintiff by a former wife the say Lucas agree that if he shall die in the  lifetime of Isabel and there shall be any child between they or that the  plaintiff shall be then live that then Isabel shall enjoy onethird of his  personal estate after payment of his debt and funeral expense and her widow  chamber accord to the ancient custom of London and that the child of such  marriage together with the plaintiff if live shall enjoy onethird of his  personal estate for their respective use and that the provision make for  Isabel be in full of her dower and three John Lucas in die leave Isabel his  wife and one only child by her west tempt Hardwicke er p Isabel the infant and  also his daughter the plaintiff and by his will of the that of June direct  that the surplus of his estate and effect after his marriage contract be duly  provide for and all his personal estate shall be divide between his wife and  daughter the plaintiff and Isabel the infant the defendant Isabel the widow  insist on pound south sea annuity which the testator in his lifetime transfer  to her and as she say intend thereby to give to her west tempt Hardwicke and  by word of mouth declare that she shall hold and enjoy they to her own use and  before the transfer promise often to transfer they to her own use and give  instruction to a attorney to draw a deed to declare they to her own use who  accord vest it in trustee in trust that they shall transfer the same to  defendant for her own use but that the testator on information that it will be  better transfer to the defendant and assure her that such transfer will  effectual secure they to her and which he do as a further provision and to  make it equal to her fortune and as to the watch pearl necklace and other  thing claim by the plaintiff insist that the testator voluntary and of his own  accord send for the chest and dispose and alter the thing therein as he think  fit and that he make her a present of the snuffbox and a pearl necklace out of  the chest it appear in evidence that the father have obtain possession of  these article under a promise to mrs Dunster to retain they for the use of the  plaintiff and that he have offer to give a bind or note for that purpose Mr  brown for the plaintiff in the original cause Mr attorneygeneral and Mr  fazakerley for the defendant the widow cite the case of mrs Hungerford and the  case upon lady cowpers will and Christ hospital v bridge vern July Lord  chancellor as to the first part of the bill I be of opinion that the delivery  by John Lucas of the thing in a chest to mrs Dunster for the use of his  daughter who be the child leave by the first wife accord as he say to the  promise make to his wife in her lifetime be a sufficient delivery to vest the  property in the daughter and though he do afterward take some of the thing  into his possession again as the watch and necklace that be not sufficient to  invalidate the gift which be make perfect by the former act as to the transfer  by John Lucas of pound south sea annuity to his wife in her own name I be of  opinion this be not west tempt Hardwicke a good transfer so as to affect the  marriage article by make any alteration in the gross estate of the testator  the whole of which be liable by the marriage article to be divide into such  proportion which he can not voluntary alter and therefore this be as much a  fraud on the article as it will be on the custom of the city of London yet it  be good as against the testator himself and to be answer out of his  testamentary share if sufficient and in this court gift between husband and  wife have often be support so Slanning v style p wms Bletsowe v sawyer vern  Herbert v Herbert Prec in Ch more v freeman bunb and see Bennet v Davis p wms  and it be perfect settle that a husband may in this court be a trustee for the  separate use of his wife per Lord Eldon rich v cockle Ves see Walter v Hodge  Swanst and the case there cite by Mr swanston in note though the law do not  allow the property to pass see moyse v gyles vern beard v beard atk Litt sect    Litt a it be so determine in the case of mrs Hungerford and in lady cowpers  case before sir Joseph Jekyll where gift from Lord Cowper in his lifetime be  support and reckon by this court as part of the personal estate of lady Cowper  in the Lord chancellor notebook be the follow memorandum I be of opinion that  the plaintiff be entitle to the jewel and other thing deliver by the testator  her father to mrs Dunster for her benefit as a gift in his lifetime and that  the defendant the widow be not entitle to the pound south sea annuity transfer  to her by the testator in prejudice of the marriage article but that she ought  to have the same or a satisfaction for they out of the testator testamentary  three of the estate and decree a account with direction accord and a  distribution his lordship declare that the jewel and other thing give by the  testator to the plaintiff and deliver in a chest to mrs Dunster for her  benefit be not to be consider as any part of the testator personal estate and  that what shall appear to be the clear personal estate after payment of debt  shall be divide into three west tempt Hardwicke er p part onethird to be  retain by the defendant Isabel in her own right by virtue of the marriage  article another three to be the testamentary part of testator and the remain  three in moieties one to belong to the plaintiff and the other to Isabel the  testator daughter by his second wife and his lordship declare that the  transfer of the pound south sea annuity by the testator to his wife ought not  to take effect in prejudice to the marriage article but to be bring into the  personal estate before the division be make and that such transfer ought to be  consider as a good gift against the testator John Lucas himself and that the  defendant Isabel the widow ought to receive a satisfaction for the pound south  sea annuity out of the testator west tempt Hardwicke three or testamentary  part of his personal estate so far as that will extend and do therefore order  that the testator three part be apply in the first place to make good to the  defendant Isabel the value of the south sea annuity and the dividend thereof  from the death of the testator the jewel c his lordship direct to be deliver  to the defendant James Lucas for the benefit of the plaintiff Reg lib b foe  and see Graham v Londonderry atk see Probert v Clifford post