case tempt Talbot case Adam versus coal march the husband upon marriage in  consideration of his wife fortune compute at pound agree to yearly payment to  her separate use that she may dispose of pound by will in his lifetime that if  she survive he be to leave her pound apparel plate c part of her fortune be a  bind of pound the husband die have make his will and the plaintiff residuary  legatee but have not recover the pound due on the bind then the wife die this  bind shall go to the representative of the husband be be a purchaser of it by  the settlement on her John Lockyer upon his marriage with Elizabeth hody give  a bind to two trustee recite that whereas by the say marriage he the say  Lockyer shall be great prefer in riches and substance to the value of about  pound and have agree to pay her the yearly sum of pound to her sole and  separate use as well during the coverture as be sole without any control from  her intend husband and likewise that if she shall die in his life time that it  shall be lawful for her to dispose by will of the sum of pound and all her  wear apparel watch ring and jewel and that in case she survive he then he be  to leave her the sum of pound and all her wear apparel plate jewel household  good furniture linen and woollen of all sort which she shall at her marriage  be possess of to be at her sole disposal and for the better secure the premise  the say John Lockyer be upon request to settle land of the yearly value of  pound now the condition of this obligation be that if the say John Lockyer  shall pay the say sum and shall in case of his survive her permit her to make  such will and if she survive he will leave her the sum of pound and all her  wear apparel c that she shall be possess of at the time of her marriage that  then this obligation to be void part of the say Elizabeth fortune consist in a  bind debt of pound give to her while sole then the marriage take effect and  John Lockyer the husband make his will and the plaintiff residuary legatee  thereof and die without ever recover this bind debt of pound then his wife die  case tempt Talbot and the question be whether this bind debt be a choose in  action and never reduce into possession by he shall go to his representative  or to the representative of the wife who survive her husband Mr solicitor  general and Mr clive argue for the plaintiff that although the husband have by  law no right to a choose in action belong to the wife unless reduce into  possession by he during the coverture accord to Inst b yet that will not  affect the present case the husband here be a purchaser for a valuable  consideration of all his wife be fortune whether in action or possession by  force of the condition of his bind and cite the case of Meredith versus win  Prec in Chanc S c where the wife portion charge by will on certain land  pursuant to a power in a settlement be hold to go to the administrator of the  husband and not to the administrator of the wife they be both dead and the  money not raise Abr Eq can pl although as the court observe that case be quite  different from this for there the case tempt Talbot er p husband survive the  wife and packer and wyndham case in which case the wife fortune though the  husband make no settlement upon her be decree to go to the creditor and  representative of the husband and not to the representative of the wife  precedent in Chanc Mr fazakerley insist on the other hand for the defendant  that the husband can not be consider as a purchaser the article recite that he  shall be great advance to the value of pound and that if she survive he shall  leave her pound for her wear apparel and shall the plaintiff construction  prevail then she shall not have even so much as be her own and the husband  will be a purchaser not with his own but with her money so that here be no  consideration move from the husband to the wife and wherever the court take a  advantage from the wife which the law give her it must be upon some advantage  redound to her from her husband estate of which there be nothing here have  there be any dowable estate she must have teen endow notwithstanding this bind  and therefore no reason to tar her of this legal advantage accord to the  resolution in Lister and listers case where the wife fortune which consist  among other thing of choose in action and remain unaltered during her husband  life time be hold upon his death not to be liable to his debt but the benefit  thereof to survive to her notwithstanding the husband have before his marriage  settle a jointure upon the wife adequate to her portion vern case tempt Talbot  Lord chancellor most of the case where choose in action have teen decree to  the husband representative he die in the lifetime of the wife have go upon the  reason of equality there be a settlement make by the husband on his life  whereby he become a purchaser of her fortune and therefore on the one hand as  she be to have the provision make by the settlement so on the other he shall  have her whole portion in this case indeed there be no settlement of any  estate by the husband upon his wife only a provision that in case she shall  survive he then he shall leave her pound and her wear apparel jewel c so that  it have be true say that here be nothing move from the husband since the whole  that she be to have will not amount to pound but still be not this the  agreement of the party have he reduce it into possession during the coverture  it have be his absolute nay he may have release it during the coverture indeed  have there teen no agreement the law which give her the chance of survivorship  must have take place but she have waive that chance by her express agreement  of have so much at all event and his departure from that absolute right which  the law give he over the whole either by reduce into possession this debt or  by release it be of itself a sufficient consideration the consequence of his  not have this pound will be that he shall be bind on the one side to leave her  so much if she survive he and she not bind at all I think therefore that the  husband representative be entitle to this pound and so decree for the  plaintiffs Upon the principle which govern the decision of this case videlicet  the express agreement of the party it seem to be general admit by a variety of  determination that a settlement make before marriage if make in consideration  of the wife fortune entitle the representative of the husband die in his wife  lifetime to the whole of her choose in action but if it be not make in  consideration of her fortune the survive wife will be entitle to the choose in  action the property of which have not teen reduce by the husband in his  lifetime so if it be in consideration of a particular part of her fortune such  of the wife choose in action as be not comprise in that part it have teen say  survive to the wife but that in all case where a husband make a settlement on  his wife in consideration of her fortune the wife portion though consist of  choose in action and though there be no particular agreement for that purpose  shall be look upon as intend for and purchase by he Blois and Martin v lady  Hereford vern Cleland v Cleland Prec in Chanc packer v Windham ib   Litt  hargrave ed note and Lord Hardwicke be report to say that where the settlement  make by the husband previous to the marriage have not be adequate to the wife  portion the court have notwithstanding decree the husband to be entitle to her  portion atk in the case of Lannoy v the duke of Athol with also Garforth v  Bradley Ves case tempt Talbot er p