case Elizabeth hawkyns widow of fillip hawkyns versus obyn executor of fillip  may a husband may dispose of a possibility in equity if assign for a valuable  consideration but it must be a assignment of that particular thing and not  rest only on intention and construction of word in a covenant this cause come  on before the chancellor upon appeal from the roll the question arise out of  the follow covenant enter into by Philip upon his marriage with the plaintiff  he covenant for himself with trustee that as well the pound portion with  Elizabeth his wife as all other sum of money which shall be give or bequeathe  to Elizabeth by any of her relation during her coverture shall immediate after  the decease of Philip be pay by his heir executor c to trustee in trust to  place out the same at interest on land or government security and the interest  thereof to be apply for and towards the maintenance of the child of Philip by  Elizabeth and the remainder of such interest if any together with the whole  pound to go or be pay equal among his child except his old son to son at to  daughter at or marriage and in case of the death of any of they before time of  payment to the survivor proviso in case there shall be no issue then the pound  and all other sum of money that during the marriage shall be give to the say  Elizabeth shall be enjoy by he the say Philip hawkyns his executor  administrator and assign to his and their own proper use and behoof on the  that of June mary Ludlow mother of Elizabeth make her will and bequeathe to  her son and daughter Elizabeth and Phil p hawkyns pound to be enjoy by they  and the survivor of they during their joint life and the life of the long  liver of they and after the decease of the survivor of they among such of  their child as shall be live at the decease of such survivor and if there be  no issue of her son and daughter then she devise after the death of the  survivor of Philip and Elizabeth the pound to her executor and direct the  legacy to be pay one half month after her decease and the remainder in two  year and a quarter and appoint Lambert Ludlow sole executor atkins Lambert  Ludlow pay pound in the lifetime of Philip hawkyns Philip hawkyns the husband  die but leave no issue and by his will devise the pound which remain unpay by  Lambert Ludlow to his wife to be dispose of as she shall think proper and  bequeathe all the rest and residue of his real and personal estate to his  nephew Thomas hawkyns when he attain and then make he his executor and in the  mean time devise all his real and personal estate to obyn in trust for Thomas  hawkyns it be hear before the present master of the roll on the that of  December who decree the plaintiff be entitle to the interest of the pound  devise by mrs ludlow will for her life Reg lib a fol the defendant obyn insist  the decree be wrong in decree the interest of the pound to the plaintiff for  her life whereas he be well entitle as executor of Philip under the agreement  and proviso in the marriage settlement to all such sum as shall be give to the  plaintiff that any of her relation during the coverture and therefore atkins  er p be not oblige to pay interest to the plaintiff for the pound receive by  Philip in his lifetime but insist it belong to he as representative of Philip  Mr brown cite for the plaintiff the case of Thomson versus butler more Lord  chancellor I be of opinion this be not a sum of money at all within the  meaning of the proviso for it be a covenant mere by the husband and consequent  a agreement of what be to be do by he his heir c it have be object that though  it set out with a covenant of the husband yet the proviso be attend with other  word and that it be itself a covenant but then it must be connect with and  control by that covenant and must relate only to such sum of money as fall  under the description of the first covenant which be relative to nothing but  such sum of money as come to Elizabeth during the coverture to which Mr  hawkyns may be entitle and the covenant therefore throw in on purpose to  restrain Mr hawkyns from dispose of it to the prejudice of his young child for  even the sum of pound will absolute have be the husband if it have not be for  this covenant it be say on the defendant part likewise that as the covenant  run that from and immediate after the decease of Philip hawkyns his heir  executor c shall pay to trustee atkins as well the pound as all other sum of  money which shall be give to Elizabeth c the executor must necessary receive  or how will they be enable to pay but it will be a absurd thing for he to  covenant that his heir shall pay sum they can never be entitle to receive nor  can I restrain these word to prevent any future disposition that the husband  may be incline to make for the benefit of the wife it have be insist too in  order to make this fall within the proviso that the husband disposition in his  lifetime will have bind the wife notwithstanding she have survive he and if  not good in law yet it will have be in equity I will not say but the husband  may have dispose of this possibility in equity if assign for a valuable  consideration vide Bates v Dandy atk but then that must have be upon a actual  assignment of this particular thing and here it rest only upon the intention  of the party and the construction of the word in the covenant upon the whole I  be of opinion this be not such a sum of money as be intend under the covenant  and it will be very hard to make a strain construction of the deed to take  away this pound from the wife therefore the decree must be affirm Reg lib a  fol