case fairbeard versus bower and Foxcraft econt distinguish Jeffries v  Alexander h l c vern S c Eq Abr pl S c ib pl S c case tempt Talb S c cite atk  a voluntary judgement give by a freeman of London Payable three month after  his death to be postpone to debt by simple contract and to the widow customary  part but will bind the freeman legatory part bower be a freeman and citizen of  London and have three bastard child by the plaintiff fairbeard which child be  likewise plaintiff in the cause about twoyear before his death give a bind of  pound to the plaintiff fairbeard condition for payment of pound within six  month after his death to be equal divide between the three child and after  confess a judgement upon that bind defeazanced in the same manner and die  intestate the defendant bower who be his widow take out administration to he  this bill be exhibit against her and Foxcraft who be creditor of the intestate  estate to have a discovery of asset in order to subject they to the judgement  and bower have a cross bill against fairbeard c to be quiet in the enjoyment  of her customary part and to have a injunction against the judgement as to  Fairbeards bill she plead the custom of London by which she be entitle to a  moiety of her husband estate after debt and funeral pay and that she have no  other provision but that and that there be no consideration for the plaintiff  judgement and be to be pay after Bowerss death it be but in nature of a legacy  and demurrer to the discovery in the hear of these cause the whole court be of  opinion that there be no consideration for enter into the bind or judgement  though it be urge that by the statute a man be oblige to provide for his  precedent in chancery bastard child and therefore be to be pay after Bowerss  death they reckon it to be in nature of a legacy and that all Bowerss debt and  the widow customary part shall take place before it but my Lord commissioner  Rawlinson say he think the judgement shall be pay before other legacy if there  have be any so they decree a account of the estate and perpetual injunction  against the bind and judgement and that it shall be satisfy out of the  intestate customary part if sufficient precedent in chancery er p