case tudor versus SAMYNE June Eq can ab pl Prec Chan S c the first husband  assign a term for the separate use of the wife the second husband may sell or  dispose of it though he have make no provision for his wife husband may  dispose of the trust of a term which he have in right of his wife as well as  of the legal estate of a term which he have in her right p wms doctor sermon  the defendant first husband be possess for the residue of a term of thirtyone  year grant by doctor Lamplugh in the year convey it over to trustee for the  separate use and benefit of the defendant his wife she marry Samyne a second  husband who first mortgage this term to venner and he and venner assign to the  plaintiff the bill be against the wife and her trustee to compel they to  assign over the legal estate to the plaintiff and decree accord for as the  husband may Vernon chancery case dispose of a term for year where the legal  estate be in his wife so he may of the trust of a term without either the wife  or the trustee join and sir Edward turner S case Vol I quod vide cite that a  term assign by the first husband for the separate use of the wife may be sell  or dispose by the second husband Vernon chancery case er p it be object that  the husband in this case have make no settlement or provision for the wife see  Bosvil v Brander p wms and case and if he be plaintiff the court will not  decree the trustee to assign to he without make some settlement on the wife  and the plaintiff who derive under the husband ought not to be in any better  condition say non allocatur in Jewson v Moulson atk Lord Hardwicke say there  be some dispute at the bar how non allocatur at the end of this case be to be  apply whether to the whole case or to the word immediate precede so early as  car in Tanfield v davenport report by Tothill it be notice as a rule inequity  that this court will not suffer the husband to take the wife portion until he  have make a reasonable provision for her from which it shall seem that non  allocatur be applicable only to the last precede word it seem however now  settle that the husband and all claim under he must make a suitable provision  if he sue for his wife fortune though equity will not interrupt the legal  title of the husband unless he call for its assistance Reg lib b fol the bill  pray a account of rend and profit receive by the defendant the wife but the  court will not decree that nor cost to the plaintiff