case carry versus tailor et ux all Eq can ab pl S c one die intestate leave a  daughter the wife of I S the daughter die intestate and after her husband die  intestate whether the share of the daughter shall go to her own administrator  or to the administrator of her husband a marry b the daughter of I S who die  intestate b die before any distribution make of her father estate a also die  before any distribution make or administration take to his wife the plaintiff  be administrator to a the husband the defendant be administrator to b the wife  the question be whether the plaintiff or defendant have a right to the share  of the personal estate of I S remain undistributed it be admit on all hand  that the share which b be entitle to of her father personal estate be a  interest vest and that before any distribution make or the time by the statute  limit for the make distribution be expire Vernon chancery case but the doubt  be whether it be so vest as a legacy assent unto that it shall vest in the  husband without take administration to his wife or not and for the plaintiff  it be insist that since the statute for settle intestates estate the  administrator be but in the nature of a trustee and therefore the take of the  administration be as the acceptance of a trust and imply a assent that the  estate shall be distribute accord to the statute and therefore the share of  the person entitle to distribution must be consider not only as a legacy but  as a legacy assent unto and consequent go to the plaintiff the administrator  of the husband yet Vid the decree Vernon chancery case er p in this case the  bill state that by article of agreement execute date April previous to the  marriage the plaintiff the father of a the husband covenant to make a  settlement on the intend wife and their issue if they shall have any and it be  among other thing covenant and agree that all such proportion dividend or  share of the rend issue and profit of a certain market therein mention part of  the estate of I S the intestate father of the intend wife that belong to the  say intend wife subject as therein mention shall be deposit in the hand of  certain trustee to the end that the same may be by they with the consent of  the say intend wife under her hand and seal attest lie out in the purchase of  land or tenement in feesimple to the use of the say intend wife her heir and  assign or for life or in some copyhold for life as the say trustee shall think  fit and in case the say intend husband shall happen to die before such  dividend shall be pay or if pay before the say money shall be dispose of as  aforesaid that then the say money shall be pay to the say intend wife her  executor or administrator and in case the say intend wife shall die before  such dividend or disposal thereof as aforesaid that then the say money shall  be pay to the say intend husband his executor or administrator and it be at  the same time agree that the say intend husband shall have his share of the  residue of the intestate personal estate the marriage take effect and in march  the wife die without issue and a the husband take but letter of administration  to her and then die intestate and the plaintiff his father take out letter of  administration to he and file the bill but whether any distribution have be  make of I S the intestate estate before the death of the wife do not appear  the defendant tailor have marry mary the other daughter of I S the intestate  who have take out letter of administration as well to her say father as to her  sister the say wife of a and claim her share of the personal estate of I S as  a choose in action and the decree declare that the plaintiff by virtue of the  say marriage article be well entitle to a three part of the profit of the  aforesaid market and marketplace and the defendant be to account for the same  or so much thereof and of all other the estate of the say intestate as have  come to their hand and that what upon the say account shall appear due from  the defendant after all just allowance be to be pay and apply in the first  place for the payment of the say intestate debt and that a three part of the  profit of the say market and marketplace after the say debt shall be satisfy  be pay to the plaintiff Reg lib a fol note the decree go no further as to the  personal estate of I S the intestate that the statute of distribution do not  affect the right of the husband vide stat fraud car d cap sect et vide on this  point squib v win p wms