ABSTRACT
COndition of a Bond was to pay 50 l. to the Plaintiff. Memorandum, It is agreed before sealing, &c. that the Wife may dispose of the 50 l. to whom she will in her Life-time to be paid by the Plaintiff accordingly, he being only Trustee of the Wife in the said Obligation. Defendant pleads, That the Wife of the Defendant with his Consent made her Will, and by it bequeathed 30 l. of the said 50 l. to divers Persons, and the rest to her Husband the Defendant, and made him Executor, and after dies, and so she disposed of the said 50 l. in her Life: In Debt on this Bond, and on Demurrer on this Plea, Judgment was given for the Plaintiff; for the 50 l. ought to be paid to the Plaintiff, notwithstanding the Disposal. Sir Thomas Jones, p. 216. Blunt and Collins, otherwise in Equity. See Chap. IX.
