atkins versus DAWBURY what thing or interest may be assign over see Chan c  Chan Rep roll Abr vent vern a man by his will give a legacy of pound to a feme  covert without create any separate trust of it for her benefit and this legacy  be make Payable out of a reversion of land expectant on a estate for life the  husband of the legatee some time after make a assignment of this legacy to  trustee in trust and for the benefit of his child and after by his will take  notice again of the same legacy and devise it in like manner for the benefit  of his child and make his wife to who the legacy be original give his  executrix and die the estate for life drop and the widow apply to the executor  of the first testator for the pound legacy and thereupon she and the executor  come to a agreement that she shall accept of pound only in full of her say  legacy and accord the land be sell the widow join in the Gilbert sale the  pound pay and the widow give a release for her whole legacy and now this bill  be bring by the child to have the benefit of this pound under the assignment  and will of the father it appear in this Cause that though she be executrix to  her husband and know not only of his have devise the pound for the benefit of  his child but also of his assignment thereof in the manner beforementioned yet  that she give no notice or say anything of it to the executor and the court  decree that for as much as the husband who have a power to extinguish or  release this legacy have make a good assignment thereof in equity though as a  choose in action it be not assignable at law it be actual recover and have  again by his will confirm that assignment and give it again in the same manner  bind the wife the legatee and she give no notice of this assignment to the  executor shall be answerable to the child for the pound she have receive  against her express knowledge of the child Title to it but as to the other  pound which the executor have draw her in to release that he himself shall  stand charge to answer that to the child he be thereby no way injure since he  ought at first to have pay the whole legacy and though this legacy be charge  on a reversion which be not a immediate fund for the raise it yet be give to  the wife in prsenti when the wife come in it shall carry interest from the  testator death which must likewise go to the child Gilbert report er p