a have a daughter marry to b by will advice his personal estate to her to hold  to her particular and separate use and die afterward b part of this personal  estate consist of a mortgage agree by write under his hand that the wife shall  enjoy it to her separate use and whether the wife here be no trustee to who  the devise be make shall enjoy this personal estate without its be intermeddle  with by b a be reserve as a case to be argue but as to the mortgage where the  husband have contract or declare under his hand that he will not intermeddle  with it though such declaration may be voluntary yet it must be presume to  proceed from a sense he have of the testator intent that the wife shall enjoy  this mortgage separate and to be find on natural justice though not on  contract for which reason the court be clear of opinion that the husband shall  be bind by this agreement d Cowper c Trin Harvey and Harvey will Rep vern Trin  SC accord only say the devise to the daughter be of the surplus of the  testator personal estate and that he make her executor a Lord Chan say this be  a great question whether b shall be compel to let the wife enjoy this personal  estate for though it be object that the testator have a power to devise it so  and that his intent be to make use of such power yet it be give to a marry  woman and no contract precedent or subsequent from the husband that he will  not intermeddle with it the husband be Title to this estate be subsequent to  the will and the intention be repugnant to the rule of law videlicet that a  marry woman shall have a property in personal good vide Burton and pierpoint p  can vide the case of Rollfe and budder in scacc p note to case it seem to his  lordship to have some difficulty in it wherefore reserve it c will Rep in SC a  that if a real estate be devise to a feme covert for her separate use and a  declaration that the husband shall not intermeddle with the profit but that  the wife shall enjoy they separate his lordship doubt this will be a repugnant  clause and the husband will still enjoy themIt do not appear either by Mr peer  williams report of this case of Harvey and Harvey or by Mr Vernon report of  the SC nor even by the register book what be Lord cowpers final determination  upon this point but the case of Bennet and Davis vide p can which be determine  at the roll in December seem to have settle it will Rep at the bottom ibidem  in S c equity case abridge er p