bush v DALWAY July covenant by husband to assign a contingent portion of the  wife to use of the marriage the right of call for it vest in husband who die  without do so the wife bind by this covenant S c atk the report here be more  accurate than that of atkins see the supplement p r l a man upon his marriage  settle a term of year to raise pound if no issuemale for one daughter if more  to be equal divide between they Payable at twentyone or marriage to such as  shall be live at the death of the father and mother there be no issuemale and  but three daughter one of who the present defendant marry her father then live  but previous thereto the intend husband by a deed to which she be party  covenant that he his heir c after the marriage will grant assign and set over  to trustee name at their request all such sum and security for such as be now  due owe and belong to r and which she shall be entitle to in any respect  whatsoever over and above the sum of due to her by bind to the husband for  life then to her for life then to the child the father die then the husband  die without any assignment by he vesey senior and without any request by the  trustee she take out administration to he and see the proper correction from  Reg lib in the supplement p claim this pound her share and portion absolute as  a choose in action not call in by the husband and so survive to her the bill  be bring by the executor of the survive trustee and her child who be infant to  have this pound place out for their benefit subject to her estate for life  therein insist that it become due and Payable and ought to have be pay to the  plaintiff as such executor of the survive trustee upon the death of the  defendant father Lord chancellor it be impossible to say this case be free  from doubt but I think that on the event that have happen the child have a  right the first question whether this portion which at the marriage be  contingent be within the description of this covenant depend on the word which  be sufficient to include it the whole must be take together and though in the  strictness of law it be not within the word now due yet it be belong to her as  a portion on the contingency of her survive her father but the follow word be  very large and must take it in which be a sufficient answer to the argument  use that the word and couple the latter word to the former and hinder their go  far as it mean to carry the rest far but it may be take disjunctively or here  be a term absolute vest in trustee though the trust be contingent who will  have be guilty of a breach with regard to her if they have act against it  nothing be to move from he and it be very extraordinary that she shall take  care of pound and not of this portion which may have be pound vesey senior er  p then suppose it include the second question be whether she be bind and  perhaps the event may have happen in which she will not be bind as if the  right of action never have vest in the husband but here it do by his survive  the father a question be make whether the husband have a right to assign it in  the father life which be not necessary here although I think he may not in  Theebald v Dfay before Lord Macclesfield Mod wm and in the house of lord see  also atk and a assignment by husband and wife of the wife executory interest  be hold good there the wife have something more than in this case but that  turn on her join on which foundation the court determine it for the purchaser  which be affirm by the lord here before the father death he have no right of  action at all but afterward he may have call for it immediate which the wife  can have no otherwise prevent than by a bill for performance of the covenant  accord to which it will be settle first for his benefit then for she and then  for the child for the court can not have decree a partial performance so  likewise the child or even the husband himself may have bring a bill to have  compel such a settlement for its security be to be take in the light it stand  at the father death and then the death of the husband will make no alteration  so that the plaintiff be entitle after her death the question here depend  vesey senior on that general rule that what ought to be do be here consider as  do and this ought to have be do in the life of the husband Reg lib a fol see  the declaration of the court supplement p