atkins case Grosvenor versus lane on exception April p give a three of a  moiety of the residue of his personal estate to S p she marry and while out of  the kingdom assign with her husband this three of a moiety which be to arise  out of p s estate in trust for their daughter provide they die before they  come to England S p afterward marry a second husband who survive her if the  mother have continue a widow she will have be entitle to a decree for this  three and no notice will have be take of the child interest Mr Phipps by his  will give a three part of a moiety of the residue of his personal estate to  his daughter Susan Phipps Lord chancellor this be a unliquidated thing and  proper a choose in action afterward Susan marry one Mr lane but survive her  husband who leave one daughter Catherine lane while the fatherland mother be  in Africa they have assign over this three of a moiety which be to arise out  of Mr phipp estate in trust for the daughter provide they shall die before  they come to England but I be of opinion if the mother have continue a widow  the court must have decree it to her without take any notice of the child  interest before any decree in this cause and before the money be reduce into  possessoin she marry a second husband Mr peak who survive her a husband after  the death of a wife can sue at law for choose in action of the wife in his own  right but he must first take out administration to the wife see hark   Litt a  note squib v win p W the next be the principal point to be consider with  regard to the infant in a court of equity and what provision she be to have  out of her mother fortune now though the law may give this money to the  husband yet equity will not do it suppose Mr lane the first husband have come  before the court for this sum of money the court will not have decree it  unless he have agree to make some provision for the wife in case she have  survive and likewise by way of portion for the infant atkins the wife be dead  and the second husband also the residuary legatee under this will claim a  interest in the money atkins er p at the hear of the cause the court then take  so far care of the infant as to order a maintenance for her out of the portion  and direct Mr peak who be then live to lie proposal before the master what he  will settle out of this money as a portion for the infant therefore I must  take it from this decree that they will not suffer Mr peak to meddle with the  money till he have agree to make some provision for the infant beside this  there be a decree in make by Lord chancellor king who always lean as strong in  favour of the husband and in support of legal right as any chancellor who ever  sit here and yet the equity be so strong for make some provision for the  infant Catherine lane that he yield to it Mr peak by two letter to the aunt of  the infant in have declare he be very desirous of allow her the whole produce  of her mother fortune arise from a three of Mr Phipps residue of his personal  estate as he believe accord to his own expression in the letter that it will  maintain the daughter like a gentlewoman provide he be indemnified from the  charge and expense in chancery as he be dead I must take these letter not as a  mere proposal only or a bare hint of his intention but a absolute  appropriation of the fortune by the second husband for the benefit of the  infant there be all the equity in the world that there shall be some provision  for the daughter out of this sum of money as her mother portion as to the  quantum it depend upon the fatherinlaw and by these letter accord to the  opinion I have give of they he have very honest and conscientious assign the  whole as a provision for the infant his lordship declare that the sum of pound  which be original the share of Susan lane the mother have be well appropriate  and do in equity belong to the plaintiff the infant Reg lib a fol