atkins case Darley versus Darley December the master of the roll in lee v  Prieaux bro Charles Rep state this case from Reg lib a fol thus the cause be  hear upon the original and supplemental bill the latter of which charge that  the plaintiff father be a man of no substance and incapable of maintain  himself which make the plaintiff grandfather averse to the match but he  afterward consent upon the plaintiff father assure he that he will not  intermeddle with any part of the estate or effect he shall after the marriage  think fit to convey but that the wife shall have the sole power of dispose  thereof by will or any other mode of appointment that the plaintiff  grandfather be possess of the term of year in certain premise in the bill  mention do b indenture date that October and make between himself and  plaintiff mother though a feme covert in consideration of natural love and  affection and her livelihood and future support assign a moiety of such term  to the mother her executor c to hold from his decease upon the death of the  grandfather the plaintiff father acknowledge that he have give the mother  power to make a will and particular that the father have by a instrument in  write d April promise to pay pound to such person as she shall by will appoint  and upon saint August he have also give her a power to devise pound as she may  think fit and have subject himself to pay the same upon the that June the  mother make her will and give in pursuance of her power to the plaintiff the  moiety of the aforesaid term and the respective sum of pound and pound that  the plaintiff deliver the will to the defendant I Darley to show to his father  which he do and that the father have consider the say provision as quite  sufficient leave the plaintiff only be in a bill file against the father in  his lifetime the father admit by his answer that he have be inform that the  mother have make such will but submit whether she have a power so to do  without his consent but it do appear that he have make some agreement that she  shall have a separate estate the son I Darley by his answer afterward insist  that there never be any formal power delegate to her by the father except by  letter in the year and that if such letter be to be consider as give her such  a power with respect to the pound and pound that the same ought not to be  execute as the father subsequent thereto execute a bind in full discharge by  way of defeazance of any such instrument and complete annul the other power by  the decree the original and supplemental bill as far as the same relate to the  moiety of the term mention in the paper d April and the pound in the letter of  the that August the pound in the instrument of d April be dismiss a bill be  bring by the plaintiff for two legacy of pound leave to himself and his sister  under their grandfather will and for the interest make of there the defendant  who be executor to the plaintiff father insist on be allow pound for put out  the plaintiff apprentice and pound for the maintenance and cloth the sister a  father can apply a legacy leave by a relation to a child in the maintenance of  such child nor can he put he out a apprentice with the money arise from the  legacy a bill be bring by the plaintiff for two legacy of pound and pound  leave to himself and his sister under the will of their grandfather and for  the interest that have be make thereof the sister legacy he claim by  assignment from her the defendant insist he be not oblige to account to the  plaintiff for principal or interest one hundred and five pound be expend for  put he out apprentice and much more than fifty pound in the maintenance and  cloth the sister Lord chancellor where legacy be give to a child by a relation  a father can make use of it in the maintenance of such child but must provide  for he out of his own pocket butler v butler ante note nor can he set he out  in the world or put he out a apprentice or clerk with the money arise from the  legacy and if he do it he shall not be allow it there be another question in  relation to a estate give to a husband for the livelihood of the wife whether  this ought to be consider as a separate trust for the use of the wife I be of  opinion that where a estate be give to a husband for the use of the wife he  may be consider as a trustee for her separate use vide Harvey v Harvey p W  Bennet v Davis p W Rolfe v budder bunb Terrel v hope ante atk vol technical  word be not necessary to make it a separate trust vide lee v Prieaux bro  Charles Rep Terrell v hope ante atk vol for the word livelihood be sufficient  to show the intention of the giver that it shall be to her sole and separate  use the husband in his lifetime by note under his hand date the d of April  atkins er p or in the nature of a certificate declare his wife may dispose of  the sum of two hundred pound in such manner as she think proper she survive  the husband and by will dispose of all such good chattel c as she have a power  to dispose of atkins I do not know of any case where it have be hold that a  mere voluntary promise of a husband to a wife and executory only have be carry  into execution by this court for it be a naked bargain and will not be carry  into execution between stranger and therefore his lordship seem to think it  ought not where it be a promise only from a husband to a wife Lord chancellor  order that the bill so far as it seek relief for the sum of pound mention in  the paper date the d of April do stand dismiss and further order that it be  refer to a master to compute interest on the legacy of pound each give by the  will of John Vincent to the plaintiff Theodore Darley and Elizabeth Darley his  sister from the time they respective attain their age of at per it cent per  and and that what shall be find due for principal and interest of these legacy  be pay by the defendant Vincent Darley to the plaintiff he have admit asset of  the father for that purpose and also to take a account of such interest as be  receive by Theodore Darley the father in his lifetime on any of the principal  sum part of the trust estate and the defendant Vincent Darley executor of  Theodore Darley be to be charge with so much as shall appear on the say  inquiry to have be get in by Theodore Darley the father and answer the same  and also the interest receive by the say Theodore Darley belong to the trust  estate and the defendant Vincent Darley be to be charge with interest for so  much of the principal sum of the trust money as be receive by Theodore Darley  and not apply accord to the trust and the master be to distinguish and  ascertain what be due and in arrear for interest of the trust money at the  time of the death of Sarah Darley the plaintiff mother and what be so due upon  arrear at her death to be pay to the plaintiff Darley atkins er p