atkins case bind versus simmons January among the petition in cause see wright  v Morley Ves jur so much of a former order as direct the payment of the sum of  pound S d to the executor of the husband must be discharge and the same ought  to be pay to the petitioner the defendant be executor under the will of a  person who have leave a legacy of pound to the petitioner mrs bind before her  marriage with her late husband who notwithstanding he have receive at  different time at least pound from other part of his wife fortune never can be  prevail upon to make any settlement or provision for the wife upon which the  defendant the uncle of mrs bind refuse to pay the legacy into his hand and the  husband about the year bring a bill for the legacy the court refer it to a  master to receive proposal from the husband for a provision for the wife the  master certify the husband have never lie any proposal before he upon which on  the petition of the defendant to be ease of the burden of this demand the  court on his offer to pay in the money direct the accountant general to lie it  out in Southsea annuity for the benefit of the husband and wife subject to the  further direction of the court the dividend and produce of the annuity amount  now to pound S d the husband be dead his executor insist that though it be a  choose in action of the wife yet by the decree and the order on the accountant  general to lie it out as aforesaid the property vest in the husband vide the  case cite in Lanoy v Athol atk and he be entitle to the principal and likewise  to the interest make of the annuity in consideration of his maintain his wife  in the mean time upon a petition to the master of the roll he be of opinion  for the wife as to the principal but think the representative of the husband  entitle to the dividend and order it accord it come on now before the  chancellor in nature of a appeal from the order of the master of the roll in  which the plaintiff Margaret bind prefer her petition to the Lord chancellor  pray that so much of the order of the that of November as direct the payment  of the sum of pound S d to John bind may be discharge and that the same may be  pay to the petitioner Lord chancellor if this five hundred pound have be the  only portion of the wife I shall have be of opinion the husband in his  lifetime will have be entitle to atkins er p the interest for her maintenance  but the wife have bring he a considerable portion beside no less than two  thousand pound as appear by affidavit atkins the husband have use her so  hardly tli it he have leave her nothing but only her own freehold estate which  he can not debar her of suppose at law a husband have recover a judgement for  a debt of the wife and have die before execution the wife will have be entitle  and not the husband executor here the husband be so obstinate he will not  perform the term of the decree by make a settlement so that upon application  to the court they order the money to be put out by the trustee for the benefit  of the husband and wife subject to the further order of the court without say  any thing of the application of this money suppose where a husband have  receive a great part of a wife portion and only a small part remain and the  husband be so perverse he will not make a competent settlement on the wife the  court will not only stop the payment of the residue of her fortune to the  husband but will even prevent his receive the interest of that residue that it  may accumulate for the benefit of the wife unless he be starve for want of  maintenance the direction here be not for the benefit of the husband or to  alter the right and property of the party but only to ease the executor of the  burden and order the accountant general to lie it out in this manner be to  secure it against the husband subject to the further order of the court Lord  chancellor direct that so much of the order of the that of November as direct  the payment of the sum of S d to John bind may be discharge and the same be  pay to the petitioner Reg lib a fol a vide anon atk