case hinton versus scot all at the roll the husband in poor circumstance and  his wife whole unprovide for settle her orphanage part in trust for her sole  and separate use his creditor prior to this assignment shall not set it aside  or have the interest of the money during his life for this be a reasonable  settlement and such as the court will have oblige the husband to make if he  have sue for her orphanage part here vern vern Chan Cas Inst supplem to Wentw  Chan Cas   light Mr Reynoldson the defendant marry the defendant mrs  Reynoldson the daughter of Mr scot a freeman of London Mr scot die and the  husband who have a considerable portion with his wife on the marriage and have  never make any provision for her assign over her orphanage part to trustee for  her sole and separate use during life and after her decease for her child the  creditor of the husband file this bill against the executor of Mr scot the  husband wife child and trustee to have this money pay to they as fraudulent  assign master of the roll I shall suppose the plaintiff to be creditor prior  to the assignment though they have not clear prove it the husband by law be  entitle to the estate of his wife but if he want the aid of this court to  recover it he must make a provision for his wife before the court will decree  it to be pay to he and lie can not recover this choose in action without a  subpoena and at law if he sue for a choose in action in right of his wife he  must join her in the action and if he die before he reduce it into possession  the action survive to her and the court impose term on the husband on mosely  report that principle that he who will have equity must do equity so there  only remain to be consider whether the plaintiff be not entitle to the  interest during the life of the husband the husband have no title to it  because he have assign it for the separate use of the wife then if I decree it  to the plaintiff I must break through a settlement I think a very reasonable  one for where the husband be indigent and the wife in a starve condition the  court have often oblige he to settle the portion on the wife for her own  separate use so the bill must be dismiss Wednesday June the d