case howman versus corie and corie versus howman and CHETTLEBURGH in court  lord commissioner die novemb a by will give his daughter pound and devise land  to her until his son b shall pay her this pound she marry c who father  covenant to settle land of pound per and and e her brother covenant to pay the  pound to the husband and upon payment the land devise to the daughter be to be  discharge of this pound the husband die decree the pound belong to the wife  and not to the executor of the husband the case be that William Copping by  will inter alian devise four hundred pound to his daughter Judith char on  certain land call read and Brickilne and devise these land unto his say  daughter until his old son shall pay or make good unto her the four hundred  pound Judith marry William corie who father George covenant to settle on  William and Judith land of one hundred pound per and present maintenance and  jointure c and George Copping the brother of Judith who be in possession of  the Vernon chancery case land charge with the portion covenant to pay the four  hundred pound to William corie his sister intend husband and it be thereby  further covenant between all the party on payment of the four hundred pound  that the land shall be discharge George Copping pay the interest on the pound  and other money that be to make up the portion of Judith to wm corie the  husband of Judith for some time after the marriage r l the settlement be not  make nor George corie able to perform his covenant on that behalf nor be the  portion pay but matter stand thus George Copping who be to pay the four  hundred pound portion die and devise all his land for payment of his debt and  legacy to William corie and one Chettleburgh William corie accept the trust  and die howman have agree and article to purchase the land charge with the  four Vernon chancery case er p hundred pound bring his bill that he may pay  his money safe and Judith corie have survive her husband bring her bill to  have the four hundred pound which be her portion pay to her and the question  in this case be whether the portion shall survive to the wife or whether by  the marriagearticle it be not so vest in William corie the husband as that it  shall go to his administrator for the plaintiff it be insist that the covenant  from George Copping be but a additional security and do not change the nature  of the debt but it still continue a charge upon the land and as a choose in  action it survive to the wife although it be agree that the husband during the  coverture may have release or discharge it and that it still continue a charge  upon the land be the more plain from the covenant that when the portion be pay  the land shall be discharge and of that opinion be the court and decree it for  the wife Reg lib a fol vide on this head sir Edward turner case ante Vol Pitt  v hunt ibidem palmer v Trevor ibidem Lister v Lister ante burnet v kinaston  post Freem pre Ch S c Cleland v Cleland pre Ch anon atk Garforth v Bradley ves