192 HIGH COURT OF CHANCERY.

undisturbed enjoyment of the property, of which she was then
seized aad possessed, or to which abe might be entitled in ex-
pectancy, entered into a contract with her, and the complainants
as trustees, not to intermeddle with her property in any manner,
but to permit her to appropriate it to her own use, or to such
other use oruses, as she, in the manner specified in the contract,
might appoint. The marriage was consummated between the
said Brown and Elliott, shortly after the execution of this con-
traet, and the latter having subsequently become entitled, under
the will of her uncle, to certain real and personal property, the
greater portion thereof came into the hands of trustees, who
permitted the said Brown and wife, to hold the same for several
years; at the expiration of which time, the wife died, leaving
two children, the issue of said marriage; without having made
any disposition of the trust property; and leaving unpaid, sev-
eral debts contracted by her, and for which her creditors contend-
ed, that her separate estate was responsible. After her death,
her husband continued to retain possession of the property,
contending that, as no appointment in pursuance of the power
furnished by the contract, had been wade by bis wife, the con-
tract could no longer operate to debar hito of his marital rights.
The bill was filed by the trustees, to obtain the direction of the
court, as to theirproper course in regard to the husband's claim,
and to aseertaia, whether the trust had expired, and if the cred-
itors of the deceased could consequently proceed at law to re-
cover the said debts.]

THE CHANCELLOR :

It appears to me, that the antenuptial contract in this case,
does nothing more, than suspend the marital rights of the hus-
band, during the life of the wife, with power reserved to her, to
dispose of the property by will, in writing, or by any other
writing whatever, executed in the mode prescribed by the in-
strument, and the wife having failed to make such testamentary,
or other disposition, the rights of the husband are revived by
her death.

There is nothing in this contract, which in terms, or by ne-