atkins case ex part Elizabeth greenaway in the matter of edward greenaway a  bankrupt December the d petitioner husband before marriage give her father a  bind in the penalty of pound condition for the payment of pound to her in case  she survive he he have a commission of bankruptcy take out against he and die  in ten day after the court think it a doubIful case whether she shall or shall  not be admit a creditor do not give a absolute opinion but on assignee consent  she shall come under the commission for pound order her a dividend accord  Edward greenaway previous to his marriage with the petitioner give his bind to  the petitioner father in the penalty of pound in trust that if the marriage  shall take effect and the petitioner shall survive Edward greenaway and if he  shall before his death by will or otherwise give or leave the petitioner pound  in good or other personal or real estate so as the same shall be pay by his  executor or assign immediate after his death to the petitioner without any  claim by any person or person whatsoever then the bind be to be void in may  the marriage be have between Edward greenaway and the petitioner and on the  that of September last a commission of bankruptcy issue against Edward  greenaway whereupon he be declare a bankrupt and on the that of September  follow the bankrupt die insolvent before any distribution of his estate and  the petitioner have since duly prove the bind before the commissioner but the  assignee refuse to make any dividend to the petitioner she therefore pray as  the husband make no other provision for her in his lifetime that she may be  let in to receive her dividend out of the bankrupt estate and effect in equal  degree with the other creditor the counsel for the petitioner insist that  though it be a contingent debt yet the foundation of it be the bind and  therefore notwithstanding the contingency have happen since the bankruptcy yet  the wife be entitle to p rove the debt as well as any other creditor the  attorney general who be counsel for the assignee insist the petitioner be not  within the statute of the Geo cap as it be not a debt that will at all event  become due at a future day and uncertain whether it can ever take place and  rely upon the case of Tully v spark l raym where it be likewise uncertain  whether the bind in that case will ever become due or not be not to take place  except upon two contingency which have not both happen at the time of the act  of bankruptcy commit it be impossible to make such abatement of the five per  cent as the act direct and therefore the court of atkins king bench unanimous  hold the bind be not within that act atkins er p Lord chancellor the question  be whether this be not a debt become due before the estate be distribute and  it will be the hard case in the world if such a person shall not be admit a  creditor before the estate be divide away the penalty in a obligation be debt  is owed in prsenti and the condition only suspend it so that it be look upon  as a debt from the time of the execution of the bind there be great variety of  determination in the book and therefore I desire that one counsel of a side  may speak to it on the next day of petition unless the creditor at a meeting  for this purpose will agree to give a sum of money to this poor woman in lieu  of her share upon the dividend of the bankrupt effect the petition be set down  again in the paper of petition of the that of January when it appear that the  rest of the creditor since the hear of the petition before Christmas have come  to a agreement to let in the wife of the bankrupt as a creditor for pound half  of the bind debt only and that it be acquiesce under by the petitioner Lord  chancellor I be very glad you have compromise it for it be a matter attend  with great difficulty and there have not be one case since Tully and spark l  raym in the court of king bench but what have be determine express against a  contingent interest the distinction take in this court have be between a trust  for the wife and a bind absolute give to the wife herself before marriage upon  a contingency of her survive the husband this be material different from a  trust because there a person who cony for equity must do equity as in the case  of holland v Culliford vern the most material case to the present purpose be  ex part caswell ex part Cazald ex part Bateman will adhere a trader on  marriage give a bon to a trustee to secure a thousand pound to a wife if she  survive he the trader become a bankrupt this debt not to be allow nor any  reservation to be make for it nor shall it stop the distribution in regard it  may never be a debt but if the contingency happen before the bankrupt estate  be full distribute such credit r shall come in under the commission his  lordship without give any opinion absolute one way or the other order the  petitioner to be admit a creditor under the commission for the sum of pound  the assignee consent thereto in court in full of her demand mention in the  petition and that she shall be pay a dividend in respect thereof in equal  proportion with the other creditor of the bankrupt see next case and ex part  Mitchel post