case pen versus peacock wife Nov husband and wife levy a fine of her trust  estate this shall bind the wife unless there be proof of force or fraud and  this although she by answer have swear that she be compel by duress to join  the defendant jane peacock before her marriage convey with her now husband  privity the premise to trustee in trust to pay the rend and profit case tempt  Talbot to her sole and separate use for her life and after her decease in  trust for such use as she whether sole or covert shall by her last will limit  and appoint and for want of such appointment then to her own right heir for  ever she afterward marry the defendant who mortgage part of the land to the  plaintiff for pound for a term of five hundred year and then a fine be levy by  husband and wife who both declare the use of the fine as to the mortgage  premise to be to the plaintiff for secure the principal and interest the wife  by order of the court answer separate and insist in her answer that she have  be force to join in the fine by duress insinuate the mortgage to be fictitious  and in trust for the husband in order to defraud her she further insist that  there be no power reserve to her in the indenture of bargain and sale to  dispose of her real estate or any part thereof but by her last will that she  have no estate in the premise but that the fine and mortgage be both void it  be insist for the defendant that the legal estate be in the trustee the party  to the fine have not such a estate in they whereof a fine can be levy to bar  the wife right and that this be a mere naked power without any interest can  not be bar by the fine but remain still in the wife by force of the first  conveyance Lord chancellor the suggestion of duress and fraud in the defendant  answer do not appear upon the proof although it must be confess that the  reserve the equity of redemption to the husband and his heir without any  mention make of the wife look a little suspicious but as the fraud be not make  out to the satisfaction of the court it be needless to determine how far so  solemn a act as a fine may be affect by it the next objection be that the  legal estate be in the trustee the husband and wife have not such a estate in  the land whereof a fine can be levy to bar the wife right but as to case tempt  Talbot that it be very well know that the operation of fine and recovery be  the same upon trust estate as upon legal estate and if so it must inevitable  follow that a estate for life limit to the wife and the remainder limit to her  own right heir in default of any appointment make by her last will be both  dispose of by the fine and if no such remainder have be limit by it as the  estate be the wife own and move original from her whatever be not convey will  have remain in her and consequent be bar this answer the objection of its be a  naked power or power in gross and so not bar by the fine for how can that be  call a naked power which be to operate and take effect on the party own estate  it be certain a power couple with a interest and annex to her inheritance and  so destroy by the fine since that a lease and release or any other conveyance  will carry with they all power that be join to the estate so a feoff to the  use of her last will or the surrender of a copyhold to the use of one last  will do still leave a power in the feoff or surrender to dispose of their  estate by a new feoff or surrender and so decree Reg lib a fol the trustee to  convey to the plaintiff the mortgagee but without prejudice to any future bill  that may be bring for discovery of the fraud or force for the defendant be  cite the case of Blackwood versus Norris hear some time ago at the roll where  the lady shovel have devise pound in trust for the separate use of a feme  covert and upon a bill bring by husband and wife against the trustee though  the wife be herself in court and consent that the money shall be pay to her  husband yet the master of the roll will not decree it but dismiss the bill N B  this be the case only of a personalty see vin Abr vol S c case tempt Talbot er  p