a wife die possess of choose en action and the husband survive and die without  take out letter of Administration to his wife after which the next of kin of  the wife administer to her and Lord Chan Parker hold that the wife be  administrator be but a trustee for the executor of the husband the right to  the wife be choose en action be by the statute of distribution vest in the  husband as next of kin to the wife and whereas there be a proviso in car say  that the statute of distribution shall not extend to the estate of feme covert  that die intestate but that their husband may have Administration of equity  case abridge their personal estate as before the make the Act his lordship say  this clause be make in favour of the husband and not to his prejudice so that  it be intend by the parliament that the husband shall be within the statute of  distribution so as to take the wife be choose en action as to his benefit but  shall not be within the same as to his prejudice and that this be not a new  point but have be settle and upon very good reason for be the construction to  be otherwise the husband of the wife intestate will be in a worse case than  the next of kin though everso remote which be not the intent of the statute  mich cite it as the case of cart and reeves will Rep Jupiter Nov the reporter  add that Mr Vernon cite the case of lady Aiscough wherein he say Lord cowpers  opinion be the same with Lord Parker videlicet that the wife be choose en  action do vest in the husband by the statute of distribution so that since  this resolution the right of Administration follow include the right of the  estate and ought in case of the husband be death after the wife to be grant to  the next of kin to the husband in the same manner as it be grant to a  residuary legatee ibidem if a husband survive his wife all interest vest in  her belong to he and although he die without get they in or take out  Administration to her yet they belong to his representative and not to she  quaere term and year ms Rep anon