case bash versus DALWAY July by settlement on the marriage of h a with I c in  case there be no issue male and there shall be daughter live at the death of  the father who shall attain or be marry then such daughter shall have pound  apiece there be no son but only three daughter the defendant who be one marry  a d and previous to his marriage covenant to assign with his wife consent  pound to trustee in trust after the death of a d and the defendant to pay it  among the child of the body of the defendant and a d and that he shall after  the marriage assign to the trustee all the money and security for it then due  and belong to the defendant h a die in a d in intestate to who the defendant  administer and receive the pound the child who be a son and daughter have a  right to the portion and decree to be secure for their benefit the trust term  create upon the marriage of the defendant father and mother be as follow that  in case there shall be no issue male of Henry Andrews by jane coal and if  there shall be issue between they one or more daughter or daughter live at the  death of the father who shall attain twenty be marry then such daughter or  daughter shall have a portion or portion of two thousand pound apiece there be  no son of the marriage but three daughter of which the defendant be one and  previous to her marriage with Alexander Dalway there be a covenant on his part  atkins which recite that Elizabeth Uthwite be indebt to the defendant Margaret  Andrews the daughter of Henry Andrews by jane coal in five hundred pound on  bind and that she with the consent of the say Alexander Dalway do assign to  two trustee the five hundred pound in trust as to the interest for the life of  the husband and after his death to receive it for her life and after both the  husband and wife death to pay the five hundred pound and interest due among  all and every the child and child of the body then live of Margaret and  Alexander Dalway and in default of such child or child then to pay the five  hundred pound to the executor of the survivor of the father and mother and  that the husband shall after the marriage on the request of the trustee grant  and assign to the trustee all and every the sum and sum of money and security  for the same then due and owe and belong to Margaret Andrews from any person  or person and which Margaret Andrews be entitle unto in any respect whatsoever  Henry Andrews die in in Mr Dalway die intestate the defendant Margaret  administer and receive the two thousand pound the plaintiff bash as prochein  any to the child of the defendant who be one son a d one daughter bring his  bill to have the two thousand pound secure for the benefit of the child atkins  er p Lord chancellor I be of opinion the plaintiff the child have a right to  the portion the first question be whether the portion of two thousand pound  under the father marriage settlement at the time of the defendant marriage be  a contingent portion second if it have happen whether the wife be bind by the  covenant of the husband only under the article make on her own marriage the  precedent part of the article include a small part of the I real estate the  now plaintiff be heir of the body that estate certain be in the power of the  mother in point of law and vest in the mother in tail but in this court be  under article be to be carry into strict settlement to the wife for life to  the first and every other son in tail and in default of issue male to daughter  atkins vide the trust as to the pound and after both the husband and wife  death to pay the pound and interest due among all and every the child and  child of the body then live of Margaret and Alexander Dalway that be after the  death of father and mother for the benefit of the child of the marriage such  as shall be survive at the death of the father then follow the last clause  that the husband shall after the marriage c vide the word it have be say on  the part of the defendant the mother it be not sufficient to entitle the  plaintiff to the two thousand pound for it be for such child as shall be live  at the death of the father that it rest in contingency whether they will  survive the father and in strictness of law it be not due and owe to Sarah  Andrews in the lifetime of her father but take it abstract from the sense of  due and owe and it be belong to her for it be a natural prospect that she  shall survive the father and if the word belong mean any thing exclusive from  the word due and owe it do mean belong to her after the husband death there be  strong word which follow videlicet and which Margaret Andrews be entitle to in  any respect whatsoever have any body ask what portion have the daughter under  Henry andrews settlement the answer will have be two thousand pound on the  death of the father then it be in the nature of a security for the daughter by  be vest in the trustee to wait the contingency not bare a condition or a right  where nothing at all vest but here be a term for year in trustee and quoad  this trust they be trustee for her and they may have be guilty of a breach of  trust so that she have a right at the time of the marriage she marry a officer  who have nothing and it will indeed have be very extraordinary she shall at  the time she be provide and take care for herself overlook this when she may  have be entitle on both her sister die to the whole six thousand pound I be of  opinion on the generality of the word of the covenant this sum be include  atkins second if the contingency have happen whether the wife be bind by the  covenant of the husband only under the article make on her own marriage it  have be insist on the part of the defendant that this be the covenant of the  husband only and therefore his representative alone be bind I can say but  there may have be a event which will have give it to the wife videlicet if her  husband have die in the lifetime of the father but the death of the father  happen in the lifetime of the defendant husband alter the case I be not oblige  to give any pinion as the husband have not assign this contingency of the wife  but I be rather incline to think the husband will not have have a right to  assign it as to the case of Theobald versus Duffoy m t Geo Mod Cas in law and  Eq part it turn on the join of the wife by the consent of her friend and in a  assignment of a term to a fair purchaser but it have be frequent determine  that a husband may assign a wife choose in action for a valuable consideration  vide Bates v Dandy atk but what do that turn upon why the husband right to  sell the husband here survive the father so that he have a right to call upon  the representative of the father or the trustee to raise it vide Hawkins v  obyn atk atkins er p can the wife have prevent he from get the money unless  she have bring a bill by her prochein any for her settlement and even then it  can not have be for her own benefit only for the child must likewise have have  it settle on they for the court will not have decree a partial performance of  covenant but the whole I be of opinion the child too have a right in the  lifetime of their father to have bring a bill by a prochein any to have their  interest secure the death of the husband make no alteration it must stand just  in the same right as it do at the death of the wife father for the interest of  the wife husband and child be fix and which ever have bring a bill it must  have be settle to those use and the rather as there be real estate atkins the  question here true depend upon this general rule of the court that what be  covenant to be do be consider as actual do and therefore as the right have  accrue to the husband in his lifetime what be pray by the plaintiff his child  be concomitant to that right which vest in their father v Lord Hardwicke  decree the two thousand pound shall be secure for the benefit of the child Reg  lib a fol W