Charles Humphreys administrator of the good unadministered of his sister mary  scarlet widow of William scarlet and former the wife of John osborne decease  plaintiff and thomas bullen and and his wife administratrix of the say William  scarlet who be administrator of the say mary scarlet defendant see in re  Lambert estate Ch d S c Eq can Abr pl vin Abr pl atk may a survive her first  husband who leave her a legacy she die the legacy be unreceived by the second  husband during her life but after her death he administer and die before the  legacy come to his hand the administrator get it in and the administrator de  good non of the wife bring this bill for the legacy equity consider the  administrator de good non as a trustee for the administrator of the husband  who have a absolute right by survive his wife his administrator ought to have  the benefit of it so squib v win p wms and cart v Rees cite in p wms Elliot v  collier Ves and see hargrave and butler   Litt a n during the coverture  husband and wife be but one person but when she die he have a right to  administer exclusive of all other person a survive her first husband who leave  her a legacy and intermarries with b she die the legacy be unreceived by b  during her life but after her death he take out administration west tempt  Hardwicke to her but die himself before the legacy come to his hand and his  administrator get it in and the administrator de good non of the wife bring  his bill to have this legacy receive by the administrator of the husband pay  over to he as the legal representative of the wife Mr attorneygeneral for the  plaintiff contend that a husband and wife in law be but one person and  consequent no relation nor entitle to administer Lord chancellor may during  the coverture they be but one person but when that coverture be dissolve by  the death of the wife the husband be certain the next friend and near relation  and have a right to administer exclusive of all other person at commonlaw no  person at all have a right to administer but it be in the breast of the  ordinary to grant it to who he please till the statute of the saint of h which  give it to the next of kin and if there be person of equal kin which west  tempt Hardwicke er p ever take out administration be entitle to the surplus  and for this reason the statute of distribution be make in order to prevent  this injustice and to oblige the administrator to distribute the question here  be whether the administrator de good non of the wife or the administrator of  the husband be entitle to this legacy I think clear it be a vest interest in  the husband and therefore his administrator as his representative be entitle  to it without be oblige to make distribution for the husband be not within the  equity of the statute and it be explain beside by the last clause in the  statute of fraud and perjury section and for the explain a act of this present  parliament entitle a act for the better settle intestate estate be it declare  that neither the say act nor any thing therein contain shall be construe to  extend to the estate of feme covert that shall die intestate but that their  husband may demand and have administration of their right credit and other  personal estate and recover and enjoy the same as they may have do before the  make of the say act notwithstanding by the rule of the commonlaw the  administrator of the wife be entitle to it be a choose in action not receive  or get in by the husband in his lifetime yet equity will consider such  administrator as a trustee for the administrator of the husband for the  husband have a absolute right to it by survive his wife his administrator  ought to have the benefit of it the credit of the wife west tempt Hardwicke  survive to the husband and go in equity to his representative and not to the  administrator de good non of the wife who be only a trustee for the other and  therefore the plaintiff bring this bill be a breach of trust and I dismiss it  with cost and decree accord for the plaintiff be cite burnet v Kinnaston p in  Chan and in vern and for the defendant Huntley v Griffith more this case be  take from atkins except the sentence beginning at the word the credit last  line p which be take from Lord hardwick notebook