case jacobson et all versus williams Lord chancellor Cowper Eq can ab pl pale  yellow Rep see more relate to this case in the case of Richmond v tayleur post  husband before he have receive the wife fortune become a bankrupt the assignee  shall not receive it without make some provision for the wife Walter Wallinger  by his will leave to his niece Elizabeth tayleur a infant pound Payable after  the death of the testator wife and at his say niece age of twenty year if she  shall live so long the niece marry I S without the knowledge or consent of her  father I S be at that time much in debt by judgement peer William and  otherwise and have gain the young gentlewoman consent by bribe her maidservant  the niece be about eighteen year of age soon after the marriage I S become a  bankrupt and the commissioner of bankruptcy assign over all the estate and  effect of the bankrupt to the plaintiff in trust for the creditor who bring  their bill for this legacy the testator widow be dead and the niece be above  twenty year old and consequent the legacy due and the bankrupt have two child  by his wife then live this cause come on before baron price in the absence of  the Lord chancellor the baron in regard to creditor do decree the legacy and  interest to be pay to the plaintiff but upon a appeal from that decree to the  Lord chancellor his lordship declare that forasmuch as the plaintiff the  assignee in the commission claim under the bankrupt they ought not to be in a  better case than the bankrupt himself post Bosvil v Brander and since if he  have bring a bill for this legacy the court will not have allow it he without  oblige he at the same time to make some I provision for the wife and child so  for the same reason when these claim under the bankrupt and who must be exact  in the same case as he himself will have be in come for equity they ought to  do equity which will be to provide for the wife and child of the bankrupt from  who they derive their claim but with regard to the interest of the money as  the bankrupt common be allow to receive that so the assignee peer William  ought to receive the same during the bankrupt life also if the bankrupt wife  shall die without issue then the bankrupt will have be allow to receive the  whole money and therefore in such case the assignee shall be allow to receive  it also as to the objection that the assignment be make by the commissioner  before any right to the legacy vest in the wife videlicet before she be twenty  so that at that time the legacy be not vest and by possibility may never vest  forasmuch as she may have die before twenty Lord chancellor say that be not to  be so much regard because the commissioner may supply it by make a now  assignment though it be true such new assignment will not help this bill so as  to entitle the plaintiff to any decree thereon see ex part proudfoot atk  kitchen v Bartsch east saint g c S that he take it for grant there be no  precedent in this case there be none cite on either side and therefore the  court be at liberty to judge upon the reason of the thing but however a judge  have give a contrary opinion he will take time to consider of it and on the  cause come on again Mr Vernon for the defendant cite the case of tailor and  Wheeler vern see this case also cite ante finch v earl of v Winchelsea Q where  a mortgage a copyhold for a considerable sum of money but the conveyance be  defective for want of a surrender be present in time after which a become a  bankrupt and the court help the mortgagee of the copyhold against the assignee  under the commission which he urge to be a argument that the creditor or  assignee of the commissioner be not to be regard as purchaser peer William it  be moreover observe to the court that the bankrupt bad in this case gain his  certificate and be discharge and that the assignment make to the complainant  be before the legacy be vest if they can not now supply the assign peer  William er p mean by make a new one the consequence be that the legacy be  become vest in the bankrupt but the Lord chancellor reply that this not appear  in the plead he can take no notice of it nevertheless at another day the fact  be make to appear by a petition with the certificate of the commissioner and  the allowance of the Lord chancellor Harcourt annex the court say it be clear  the commissioner can not assign this possibility of right which the bankrupt  have to the portion and consequent the assignee be plaintiff in the bill and  entitle themselves under this assignment and this assignment be void with  respect to such possibility peer William therefore the bill must be dismiss  but without cost because the plaintiff be creditor afterward in Trin term the  wife of I S by her next friend have bring a bill set forth her be seduce into  this marriage and the husband bankruptcy together with the certificate for his  discharge pray that the money may be put out for her separate use for her life  and afterward for her child to which the husband put in his answer and declare  himself sensible of his have injure his wife in manner as above submit to what  be desire by the bill only he pray the arrear of interest on the other hand  the assignee oppose the bill insist that the commissioner may still make a new  assignment of this which be now and not before vest but by Lord chancellor  Parker the commissioner have execute their power and the debt which the  husband the bankrupt owe to the creditor before the bankruptcy be now extinct  by act of parliament and this portion be as a new acquire estate by the  husband in right of his wife wherefore since the husband agree to this prayer  of the wife bill which be but a reasonable reparation for the wrong he have do  her decree the husband the arrear of interest deduct the cost and let the  legacy be lie out in a purchase and in the mean time let the wife have the  interest for her separate use c by which mean the whole legacy be save to the  wife and to her separate use a court of equity will not interrupt the legal  title of the husband to the property of the wife unless call upon by the  husband to lend he its assistance in respect if such property milner v Colmer  post Vol two Adam v pierce post Vol III Willats v Cay atk Jewson v Moulson ib  but if he ask for equity he must do equity by provide for the wife brown v  Elton post Vol III if the husband become bankrupt all such property of the  wife as he can assign or release passes by the commissioner assignment to the  assignee mile v William ante but they take it subject to the same equity of  provide for the wife Bosville v Brander post ex part Coysegame atk grey v  Kentish ib post note Worrall v Marlar and bushnan v pell I Cox and see Franco  v Franco Ves Salisbury v Newton Eden Mitford v Mitford Ves wright v Morley Ves  and case there cite Elliott v Cordell mad Aguilar v Aguilar ib green v Otte I  S S as to the case of a particular assignee of the husband for a valuable  consideration vide Bosville v Brander post as to voluntary assignment vide  squib v win ante but the reason give above way because the bankrupt the  husband can not have come at his wife portion without the assistance of a  court of equity which will not have decree it to he but on his make some  provision for his wife seem to have be the best foundation for this decree  since a possibility or contingent interest be certain assignable by the  commissioner thus in the case of Higden v Williamson post Vol III et vide atk  first hear at the roll mich and afterward affirm by Lord chancellor king in  mich the case in effect be a estate be devise to be sell and the money arise  from such sale to be divide among such of the child of a as shall be live at  a s death a have several child one of who videlicet b become a bankrupt and  the commissioner assign over his estate after which b get his certificate  allow and then a die decree that this share of the money which on a s death  belong to b shall be pay to the commissioner for that not only the latter  statute relate to bankrupt mention the word possibility but also because the  Elizabeth cap sect empower peer William er p the commissioner to assign all  that the bankrupt may depart with and here b in the lifetime of a may have  release this contingent interest beside the James cap enact that the statute  relate to bankrupt shall be construe in the most beneficial manner for  creditor