case burnett arm versus KINNASTON Lord keeper December Eq can ab pl pre Ch S c  a man marry a woman entitle to a mortgage in fee and after marriage assign his  interest in the mortgage to trustee to call in the money and lie it out in  land to be settle upon the husband and wife and their issue remainder to the  heir of the husband husband die without issue and after the wife die this  mortgage be a choose in action and the wife survive it shall go to her  executor and not to the executor of the husband in Purdew v Jackson Russell  the doctrine and case on this point be full discuss the plaintiff testator  have marry the sister of the defendant Kinnaston her portion be Vernon  chancery case secure to her by a mortgage in fee of part of the defendant  estate the plaintiff testator after marriage make a assignment of his interest  in the mortgage and by article between he and several trustee therein name the  money be to be call in and invest in land to be settle to the use of the  husband and wife and their issue remainder to the right heir of the husband  the husband and wife be both dead without issue the plaintiff claim the  benefit of the mortgage by virtue of the article as claim under the husband  but the court dismiss the bill because the husband have not a absolute power  over the mortgage but be in the nature of a choose in action he have only a  right to reduce it into possession and not have so do in his lifetime his  assignee stand but in the place of the husband and can have no great right or  power than the husband himself have which be only to reduce it into possession  in his lifetime and not have so do it survive to the wife notwithstanding the  article and must go to her administrator there be mere a entry of dismissal  Reg lib a fol contra in such case where equivalent settlement by husband on  the wife Blois v lady Hereford post Meredith v Wynn pre Ch et vide note d Lord  Carteret v Paschal p wms and note have the mortgage in the principal case be a  mortgage for year which the husband alone can have dispose of such assignment  it shall seem have be good sir Edward turner case ante vol p and case cite in  note there and note also by the report of the principal case in pre Ch it  appear that the husband survive the wife and take administration to her and  have devise this interest die and the contest be between the devisee of the  husband and the administrator de good non of the wife Vernon chancery case er  p