case Lord Carteret v paschal Lord chancellor king Eq can ab pl c a man possess  of a choose en action in his own right may assign it though without a  consideration baron possess of a choose en action in right of his wife may  assign it for a valuable consideration by as it seem if there be no  consideration if a wife have a judgement and it be extend upon a elegit the  husband may assign it without a consideration so if a judgement be give in  trust for a feme sole who marry and by consent of her trustee be in possession  of the land extend the husband may assign over the extend interest and by the  same reason if the feme have a decree to hold and enjoy land until a debt due  to her be pay and she be in possession of the land under this decree and marry  the husband may assign it without any consideration for it be in nature of a  extent upon the marriage of sir Thomas Bromsall with mary coling article be  enter into date the that of October whereby sir Thomas Bromsall covenant to  settle pound a year on his then intend wife mary for her life for her jointure  sir Thomas Bromsall soon after the marriage die and dame mary his widow bring  her bill in equity to recover her pound par annum and the arrear and future  payment and whereas the lady Bromsall have agree to buy in a mortgage on part  of the real estate of sir Thomas Bromsall comprise in these article on the  that of march seven Ann it be decree by the Lord chancellor Cowper that the  possession of certain land mention in the decree part of the real estate of  sir Thomas Bromsall and which be liable to a mortgage before make thereof  shall be forthwith deliver to the lady Bromsall and that the tenant thereof  shall pay their arrear of rend and future rend to her and that she shall enjoy  the same until she peer William shall be reimburse what she shall have pay  towards the mortgage on the estate with interest and likewise all arrear of  her annuity or yearly rend of pound with cost and the master to see what the  same shall amount to lady Bromsall marry doctor Herbert whereupon the suit be  revive the master report pound S halfd to be due for the arrear of this rend  at ladyday which report be confirm by indenture date the that of June dr  Herbert assign the say arrear of pound S halfd and all subsequent arrear  together with all benefit of the say decree and the proceed thereupon to the  Lord Carteret and sir clement cotterell and also demise the say annuity or  yearly rend of pound unto they the say Lord Carteret and sir clement cotterell  for ninety year if doctor Herbert and lady Bromsall his wife shall so long  live and by deed poll date the that of the say June it be declare that the say  assignment be intend to vest the property of the say debt in the say trustee  in trust that after the lady Bromsalls death and not before they shall pay  pound due from doctor Herbert and his say wife to sir Thomas cross baronet and  afterward shall pay pound to the lady Granville in full of all demand due to  her and in trust to pay the residue to such person and in such manner as he by  his deed or will shall appoint in October doctor Herbert die afterward lady  Bromsall survive her say husband die on the d of April peer William er p under  this assignment and deed of trust make by doctor Herbert sir Thomas cross  claim his debt of pound upon a bind due from doctor Herbert lady Granville  also claim peer William the pound by way of debt due from the say doctor  Herbert and the assignment be voluntary as to the surplus the question be  whether the administratrix of doctor Herbert who be the defendant Susannah  Herbert or the administratrix of lady Bromsall who be the defendant Elizabeth  Paschal be entitle to this surplus and first it be admit on all side that if a  man in his own right be entitle to a bind or other choose en action he may  assign it without any consideration but here it be say be a choose en action  which the husband have only in right of his wife in which case he have no  absolute title to it but only a right to endeavour to reduce it into  possession if he can during the joint life of he and his wife ante Jones v  earl of Strafford which if he shall not be able to do the same will remain as  it be original in the wife for which the case in vern of burnet v kinaston be  cite and rely upon as in point the court also appear to be of the same opinion  dly it be agree that where the baron be thus entitle to a choose en action as  he may release or forfeit it so if he shall assign it for a valuable  consideration as have undoubted be do in the principal case in respect to sir  Thomas cross and lady Granville it will be good peer William dly it be also  admit that in the principal case there be a diversity betwixt the arrear of  rend that accrue during the coverture and such as have grow due before the  coverture and that as the profit of the wife land will belong to the husband  during the coverture so the rend issue out of the land during that time and  which be Payable by the tertenant in respect of the profit may belong to the  husband for which reason the authority say that the husband may alone avow for  rend incur during the coverture roll ab but with regard to the decree obtain  for these arrear by the husband and wife it be insist that this do not any way  alter the case for that the decree be but in nature of a judgement and if  there shall be a joint judgement obtain by the husband and wife and the  husband in his lifetime without any consideration shall assign it this will  not prevent the judgement nor by the same reason a decree from survive to the  wife if the husband shall die first as he do in this case and that consequent  the administratrix of the lady Bromsall be entitle the Lord chancellor take  time till the next day to consider of it when he declare it to be his opinion  that not only sir Thomas cross and lady Granville in trust for who this  assignment be make as they be just creditor and for a valuable consideration  be entitle to the benefit of such assignment but that also consider how this  case be peer William circumstance even the voluntary assignment of the surplus  of the arrear by doctor Herbert alter the property and will entitle his  administratrix thereto in preference to the administratrix of the lady  Bromsall for that the decree say the lady Bromsall shall hold and enjoy the  premise until pay and that the tenant shall attorn to her now it be admit that  under this decree doctor Herbert and his lady be in possession until the  doctor be death the consequence of which be that this be a equitable extent  and to be take as it will be be it a legal extent in which case it will be  very plain that the husband alone may have assign the extend interest as in  the present case he have do that suppose a judgement be give to a in trust for  a feme sole who marry and the cognizee of the judgement in trust for the wife  and the wife thereupon by the consent of such trustee be in possession of the  land extend sure the husband in such case may alone assign over this extend  interest as he may the trust of a term to which his wife be entitle accord to  a solemn resolution of this court and which be affirm in the house of lord in  sir Edward turner case vern vern tuder v Samyne pre Charles packer v Wyndham  wherefore his lordship be of opinion first that sir Thomas cross shall be pay  the money due on his bind next that the lady Granville be entitle to her pound  and that the surplus of the arrear do belong to the administratrix of doctor  Herbert and not to the administratrix of his wife the lady Bromsall vide squib  v Wynn ante vol and see Mitford v Mitford yes and Bosvil v Brander ante vol  this decree be afterward affirm in the house of lord bro p g bro p c and ed  peer William er p it be to be observe that in all case where a husband make a  settlement of his own estate on his wife in consideration of her fortune the  wife portion though consist of choose en action and though there be no  particular agreement for that purpose be look on as purchase by he and will go  to his executor precedent in chancery Cleland v Cleland and vern Blois and  Martin v lady Hereford the same point appear to have be determine by the Lord  Cowper in the case of packer v Wyndham mich accord to the author report of  that case pre Charles peer William de term S michaelis