case BOSVIL versus brander see like v Beresford Ves Jun at the roll a feme  sole mortgagee in fee marry and the husband become bankrupt and die the  assignee of the bankrupt and not the wife entitle to the mortgage see do v  Parratt t r by if by article before marriage it be agree that this shall  continue to the wife a feme sole be a mortgagee in fee for pound and marry a  tradesman who become a bankrupt a commission of bankruptcy be take out against  he and the commissioner assign over all his estate real and personal afterward  the husband die and the write relate to this mortgage be in the assignee hand  the widow of the bankrupt bring a bill in equity against the assignee for  these write and to have the benefit of the mortgage peer William this cause  come on to be hear and for its difficulty be order to be speak to again when  his honour deliver his opinion solemnly for the plaintiff the wife but  afterward be dissatisfy with that opinion he order the decree to be stay and  to be attend again by counsel whereupon his honour give his opinion that if  there have be any article before the marriage purport that this mortgage money  shall continue in the wife as her provision or shall be assign in trust for  her they will have be a specific lie upon the mortgage and have preserve it  from the bankruptcy also it may have be a matter of different consideration if  the assignee have be plaintiff in equity and desire the aid thereof to strip a  unfortunate widow of all that she have in the world towards the do of which  equity will hardly have tent any assistance because the assignee claim under  the bankrupt husband can be in no better plight than the husband will have be  ante jacobson v William and if the husband have in equity sue for the money or  else pray that the mortgagor may be foreclose equity probable will not have  compel the mortgagor to pay the money to the husband without his make some  provision for his wife or at least the wife by a application to the court  against the husband and the mortgagor may have prevent the payment of the  money to the husband unless provision be make for her peer William but in the  present case the widow be plaintiff against the assignee so that she and not  the creditor seek the aid of equity and here be in the mortgage deed a  covenant to pay the mortgage money to the wife this debt or choose in action  be well assign by the commissioner to the assignee and vest in they like the  case of mile v William ante where a bind make to a wife dumb sola be adjudge  to be liable to the husband bankruptcy and assignable by the commissioner peer  William er p wherefore if the right to the debt be vest in the assignee as  plain it be though the legal estate of the inheritance of the land in mortgage  continue in the wife yet this be not material it be no more than a trust for  the assignee like the common case where there be a mortgage in fee and the  mortgagee die here the mortgage money belong to the executor though the heir  take the legal estate by descent yet he be but a trustee for the executor for  the trust of the mortgage must follow the property of the debt else the  mortgagor will be in a very hard case liable to be sue by the assignee of the  commissioner upon the covenant and also in a ejectment by the wife of the  mortgagee whereas the latter suit will be enjoin in equity then it be insist  that here be article enter into before the marriage of the bankrupt and his  wife by which the husband covenant to settle the wife in the manor of dale or  to leave her pound within three month after his death peer William but in this  agreement it appear that the husband have his election all his lifetime and  that if the wife have bring her bill in equity against the husband she can not  have compel he to do the one or the other neither can she upon such bill or  otherwise have compel he to give any far or better security for the payment of  this pound because she have that security which she at first agree to take and  the court can not better it against her own agreement see Collins v plummer  ante but upon another point videlicet as to pound part of the wife portion on  a note give by the husband at his marriage signify his consent that the wife  shall have this pound the court hold the same be specifical bind thereby so  that with respect to this only the plaintiff be relieve and the bill as to the  rest dismiss Reg lib a fol in Jewson v Moulson atk Lord Hardwicke express  great doubt whether a court of equity will interfere where the husband or his  general assignee can get possession of the wife be property without the aid of  equity as to which vide winch v page bunb anon pre Charles Harrison v buckle  stram gardener v walker ib Jewson v Moulson atk but where the property be a  subject of equitable cognizance it be clear that the general assignee of the  husband whether by operation of law or otherwise be subject to the same equity  with the husband himself and it do not seem material whether the wife or the  husband or his representative or general assignee come for the aid of the  court jacobson v William ante ex part Coysegame atk grey v Kentish ib where  the wife be the petitioner there be a mistake in the report of that case for  the husband of Elizabeth Kentish be there suppose to be the bankrupt whereas  it appear by the register book that the bankrupt be one crisp who marry one of  the two child of Elizabeth Kentish and who make the assignment to Barratt as  mention in the report in the mother lifetime and crisp have die before the  mother his wife upon her mother death petition to have her share of the south  sea annuity transfer to her which be order accord notwithstanding the  opposition of the general assignee of crisp Reg lib a foe so in Watson v  Mascal march the case be this in June a commission of bankruptcy issue against  John Mascal in Sep Samuel wise die intestate and thereupon one four part of  his personal estate come to Sarah the wife of the bankrupt as one of the next  of kin on Jan the commissioner assign this share of the intestate personal  estate to the assignee under the commission the intestate have prove a debt of  S under the commission and have in his lifetime receive a dividend of S in the  pound which have reduce the debt to about pound the bankrupt have make no  settlement previous to his marriage but afterward settle some copperas work in  ken upon his wife and the child of the marriage the bill be file by the  assignee against Mascal and his wife and the other next of kin and the  administrator of the intestate to have account of the personal estate and to  have the share of Sarah Mascal pay to they as assignee under the husband  commission Sarah Mascal put in her answer separate and insist that her share  of the intestate personal estate ought not to be apply until after her decease  towards satisfaction of her husband creditor but ought to be lie out in the  name of trustee as a provision for herself and her child if she shall have any  the other next of kin by their answer insist that the pound which peer William  er p remainded due from the estate of the bankrupt to the estate of the  intestate ought to be set off and deduct out of the four part to which the  bankrupt John Mascal become entitle in right of his wife the decree after  direct a account of the personal estate direct that the administrator shall  place out the four part of the residue belong to Sarah Mascal on government  security in the name of trustee to be allow by the master and that the  interest thereof shall be pay to Sarah Mascal for her life for her separate  use and after her decease the say four part be to be pay to the plaintiff the  assignee to be divide among the creditor under the say commission and it be  declare that the say copperas work be to go and be apply among the creditor  under the say commission and as for the debt arise by the bankrupt to the  intestate the whole estate of the say intestate be to be consider as a  creditor on the say bankrupt estate Reg lib b fol Jewson v Moulson atk  Saddington v kinsman I bro c c so Worrall v Marlar and bushnan v pell Cox Reg  lib b fol wenman v mason before Lord Northington Trin Vac where William wenman  devise his real estate to trustee upon trust to pay the rend and profit to his  wife for her life and after her death to sell certain part thereof and to  apply the produce equal among the child of his brother George wenman who shall  be live at the death of his wife and upon trust to convey other part thereof  after the wife death to the duke of Portland in fee but charge with the  payment of pound to be divide and pay among such of his say brother child as  aforesaid there be three child of George wenman videlicet the plaintiff  William wenman Ellen the wife of the plaintiff William Warner and Ann the wife  of Thomas cotton and by article of agreement of Dec which be in the lifetime  of the testator widow make between the say W wenman W Warner and Ellen his  wife and Thomas cotton and Ann his wife it be agree between they that if  either of the say William wenman Ellen Warner or Ann cotton shall die in the  lifetime of the testator widow yet that their share of the above mention fund  shall not survive to the other but shall be take as if such child so die be  actual possess thereof and the party execute mutual bind for the performance  of this agreement afterward but in the lifetime of the testator widow Thomas  cotton apply to one Humphrey to become bind as surety for he in a bind for  pound to one Bache and as a indemnity to Humphrey cotton execute a write  agreement date the July whereby he agree upon demand to assign to Humphrey all  the legacy and sum of money to which he be entitle in right of his wife under  the will of the say testator and the benefit of the say article of agreement  of Dec and the bind execute by wenman and Warner to he for the performance of  that agreement and cotton at the same time deposit with Humphrey his part of  the say article of agreement and the say bind cotton afterward become indebt  to the plaintiff W wenman in pound by indenture of April recite the agreement  of July cotton and his wife join in assign to Humphrey all legacy and sum of  money bequeathe to Ann cotton by the will of the say W wenman and all the  right title and interest of they the say though cotton and Ann his wife in or  to the same to Humphrey upon trust that he shall at any time during the life  of the say testator widow sell mortgage or otherwise dispose of the same and  out of the money to arise therefrom in the first place to pay the money due on  the say bind to Bache and then to pay the sum of pound and interest due to the  plaintiff wenman and to pay the residue to cotton his executor administrator  and assign Humphrey be call upon to pay baches bind and actual pay it cotton  afterward become bankrupt the bill be file by Humphrey and wenman against the  trustee and the duke of Portland and the assignee under cotton commission and  cotton and his wife and other party to have the trust of the will execute and  the pound raise on the duke of portland estate and the share of mrs cotton  apply first in payment of the plaintiff debt and the residue pay to such of  the defendant as shall appear to be entitle thereto Mr and mrs cotton put in a  joint answer and no c aim be thereby make on the part of mrs cotton of any  interest in these fund another defendant Hannah terrick the executrix of her  father Richard terrick by her answer insist that cotton be indebt to her  father in several sum of money cotton and his wife join in make a similar  assignment of these fund to Richard terrick for secure such debt and that the  several sum of pound S d and pound with interest still remain due on that  security the assignment to terrick be date the that of Jan and the peer  William er p defendant therefore insist that she be at least entitle to be pay  in preference to the plaintiff W wenman who be not include in the agreement of  the that of July Humphrey afterward become bankrupt and his assignee become  plaintiff by supplemental bill by the first decree it be declare as to the  three part of mrs cotton that the assignee of Humphrey be entitle subject to  the direction there after reserve with respect to mrs cotton to the principal  and interest secure by cotton out of the say three part to Humphrey and in the  next place that the defendant Hannah terrick be entitle out of the say fund to  the sum of pound S d and pound with interest and in the next place that the  plaintiff W wenman be entitle out of the say fund to the sum of pound S d with  interest and that the surplus if any will belong to the assignee under cotton  commission and his lordship order the cause to stand over to the next term for  the examination of mrs cotton touch her interest which her husband become  entitle to in her right and reserve the consideration of further direction  touch her interest until after her appearance or the further order of the  court Reg lib b fol the cause come on again in mich term when mrs cotton be  present in court and examine as to her interest and submit to the court in  case she have some proper allowance make for herself and her child that the  money come to her and her husband in her right shall go to the creditor of her  say husband and also submit to the court the quantum of such allowance his  lordship direct the cause to stand cc over to the next term and in the mean  time the party be to be at liberty to lie cc proposal before the master for  such allowance to the defendant mrs cotton oh behalf cc of herself and her  child for the approbation of the court Reg lib fol the cause come on again in  Hilary term when it appear that it have be propose that pound shall be apply  for the benefit of mrs cotton and her child in satisfaction of her interest in  the premise and she be Willing to accept thereof his lordship declare that the  same be a reasonable proposal and order that pound shall be pay to cotton and  his wife for their immediate use and the remain pound shall be lie out and the  interest pay to mrs cotton for her separate use for her life or until further  order and on her death that her child who shall be then live or the issue of  any child or child who may be then dead or in default of issue then such other  person or person as shall be entitle thereto shall be at liberty to apply to  the court for direction touch the transfer of the same Reg lib b fol most of  the case above mention have arise between the wife and the general assignee of  the husband but there seem to have be more doubt where the husband I as assign  some particular choose in action or trust term of the wife for a full valuable  consideration whether the court will impose any term in favour of the wife  upon such particular assignee vide sir Edward turner case vern pit v hunt ib  Tudor v Samyne vern packer v Wyndham pre Charles Walter v sander Eq can ab pl  Bates v Dandy atk the opinion express by Lord Thurlow in Worrall v Marlar that  a particular assignee of the husband for valuable consideration take the wife  choose in action free from her equity to have a settlement out of it have be  frequent disapprove see Robert v Robert Cox like v Beresford Ves hill v  Atkinson Ves note Mitford v Mitford Ves wright v Morley Ves Beresford v Hobson  mad Elliott v Cordell mad and it be now settle that though the husband  assignment may bar the wife right by survivorship it do not bar her right to a  settlement Johnson v Johnson I W and see   light a note Fonb Eq Steinmetz v  Halthin GI I stamper v Barker mad quaere whether in these case of particular  assignment any distinction have be make between a trust term and a choose in  action of the wife peer William er p