atkins case bear versus dandy July I d who die intestate leave three sister  his personal estate be agree to be divide into three mortgage one in fee the  other for a term each for pound be allot to the defendant one of the sister  before any assignment her husband borrow pound of the plaintiff on note and as  a further security leave the two mortgage with he and give his note promise to  assign they and then die bill bring against his administrator and against the  mortgagors to be pay principal and interest or to foreclose Lord Hardwicke  hold that the husband promise to procure a assignment of the mortgage amount  in equity to a disposition of they pro tanto so as to satisfy the plaintiff  debt which be do they belong to the wife as her choose in action Dandys wife  be one of three sister entitle to her brother John dyer personal estate who  die intestate and administration be grant to two person the three wife and  their husband and one of the administrator come to a agreement to divide the  personal estate in three a three allot to each a memorandum under the account  be sign by all two mortgage one in fee the other for a term each for pound be  allot to Dandys wife but the legal interest be not assign but by the  memorandum be agree to be assign before any assignment Dandy borrow pound of  the plaintiff on note and by agreement under hand take notice that he have the  better to secure the pound leave two mortgage with the plaintiff which he be  entitle to and promise forthwith to assign they to the plaintiff before any  thing do Dandy die the plaintiff bill be bring against t wife of Dandy against  Dandys administrator and against the mortgagors to be pay his pound and  interest or to foreclose the mortgage John dyer make his will and bequeathe  the residuum of his personal estate to his brother and sister Alexander and  Laurence dyer Sarah Dandy and Ann dyer Administration to John dyer be grant to  Alexander and Sarah Alexander die leave his widow executrix and a son whereby  the legal estate in the above notice mortgage for the term vest in Sarah as  survive administratrix to John and the legal estate in the mortgage in fee  vest in the son of Alexander as heir at law to his father and John the  transaction with respect to the mortgage to Bates c be have as above report  his lordship decree that in default of payment by Sarah at the time therein  mention the mortgage be to be foreclose and Sarah and the heir at law of  Alexander be to assign the mortgage to Bates Reg lib a fol the wife insist  that the mortgage be her choose in action and not have be assign by her  husband survive to her or least that she be entitle to they on pay the  plaintiff the administrator of the husband insist that in equity what Dandy  have do amount to a assignment and that he be entitle to redeem the plaintiff  Lord chancellor the agreement among the three sister and separate the mortgage  from other part of the estate be a appropriation of the mortgage to Dandy and  his wife and dyer heir and administrator be trustee for Dandy and his wife in  the two mortgage second that Dandy be entitle in right of his wife to the  trust of these mortgage he have a power to assign they for his own use three  that leave they with the plaintiff and give his note promise that he will  procure they to be assign amount in equity to a disposition of they for so  much as to satisfy the debt to the plaintiff but not more for though he may  have dispose of the whole in the manner he do his intention be only to secure  the plaintiff atkins debt which be do they belong to the widow as her choose  in action and not to the husband administrator although one of the mortgage be  in fee it make no difference if a bind be give to a feme sole who afterward  marry the husband and wife must join in the action and both must recover but  if a bind be make to the wife subsequent to her marriage the husband alone  without the wife may bring the action and recover that as the husband may  assign the wife term so he may the trust of the wife term unless it be the  trust of a term from he for the wife benefit he may likewise dispose of the  wife mortgage in fee as well as her mortgage for a term so Charles Rep Tudor v  Samyne vern post contra hard the husband may assign the wife choose in action  or a possibility that the wife be entitle to as well as her term so that it be  not voluntary but for valuable consideration but though he can dispose of her  choose in action without a valuable consideration atkins er p yet he may  release the wife bind without receive any part of the money crouch v Martin  vern Carteret v Paschall p W grey v Kentish ante vol Jewson v Moulson post  Hawkins v obyn post Chauncey v Graydon post contra squib v win p W the case  that have be cite of theobalds versus Deffay and packer versus Windham Prec in  Chan consist of many particular circumstance and so be not applicable to this  case