case ludlow against brown a bind debt due to a wife in the character of  executrix of her former husband can be assign under a commission of bankruptcy  against her second husband Thomas walker make his will and name his wife  executrix thereof she marry a bankrupt Browning the defendant be indebt to  walker by bind and the debt become due the commissioner assign that debt it be  urge that this debt be not assignable by the commissioner of bankruptcy for it  be a debt due in autre law and not to the executrix in her own right c and  that it be not forfeitable by her or her husband Edward pl Keilway b cro car  Jones cro car lev raym c Parker sergeant the question be whether the  commissioner can assign a debt due to the bankrupt wife as executrix to  another I agree it be not forfeitable by outlawry c of the wife or husband but  a thin may be grantable or assignable though not forfeitable his grant can  convey away the good though be can forfeit they the statute enable he to grant  or assign choose in action whatever the man himself can grant the commissioner  may if a man grant in all respects good et catalla svan a term in right of his  wife will pass holt chief justice this be a choose in action and in autre law  and be ask if he have any more to say response cro and as to this be a choose  in action there be no difference for they have the same power over those as  over good c Noy palm Whitacre there be no word in the statute James c that  empower the commissioner to assign the estate of another man but of the  bankrupt only modern report holt chief justice this in truth be the estate of  the testator and they have no authority to assign any thing whatever but the  bankrupt estate the power the husband have of dispose of it do not make it his  until he have dispose of it Powell justice brother Parker you have a hard case  to maintain the old book do indeed say if a man grant in all respects good  svan such thing in action shall pass because the property must be in somebody  but the law have be rule otherwise since and therefore if he have any other  good the statute be satisfy and by his grant of in all respects good svan none  but what be real his own shall pass and these word shall not pass away those  thing which will make he a wrongdoer and in this case commit a devastavit a  see the case of knight v can lev a you will have the commissioner be the  testator executor but they be only to pay the debt of the bankrupt but not the  debt of the testator Adjournatur a this case be not report in any other book  but that assignee can assign property belong to a bankrupt as a executor or  administrator see ex part Ellis atk ex part marsh atk Howard v jennet burr ex  part lewellyn cook b l ex part leek brown Ch Rep a