case Charles humphrey administrator of the good unadministered of his sister  mary scarlet widow of William scarlet and former the wife of John osborne  decease plaintiff thomas bullen and whether his wife administratrix of the say  William scarlet who be administrator of the say mary scarlet defendant may the  that see in re Lambert estate Ch d SC Eq can ab pl SC vin Abr pl a survive her  first husband who leave her a legacy she die the legacy be unreceived by the  second husband during her life but after her death he administer and die  before the legacy come to his hand his administrator get it in and the  administrator de good non of the wife bring this bill for the legacy equity  consider the administrator de good non as a trustee for the administrator of  the husband who have a absolute right by survive his wife his administrator  ought to have the benefit of it see cart v Rees Eq ab pl p W SC cite lady  Aiscoughs case p W cite Elliot v collier post vol Ves S c will S c during the  coverture husband and wife be but one person but when she die he have a right  to administer exclusive of all other person a survive her first husband who  leave her a legacy and intermarries with b she die the legacy be unreceived by  b during her life but after her death he take out administration to her but  die himself before the legacy come to his hand and his administrator get it in  and the administrator de good non of the wife bring his bill to have this  legacy receive by the administrator of the husband pay over to he as the legal  representative of the wife Mr attorney general for the plaintiff contend that  a husband and wife in law be but one person and consequent no relation nor  entitle to administer atkins Lord chancellor during the coverture they be but  one person but when that coverture be dissolve by the death of the wife the  husband be certain the next friend and near relation and have a right to  administer exclusive of all other person at commonlaw no person at all have a  right to administer but it be in the breast of the ordinary to grant it to who  he please till the statute of the saint of Henry which atkins er p give it to  the next of kin and if there be person of equal kin which ever take out  administration be entitle to the surplus and for this reason the statute of  distribution be make in order to prevent this injustice and to oblige the  administrator to distribute the question here be whether the administrator de  good non of the wife or the administrator of the husband be entitle to this  legacy I think clear it be a vest interest in the husband and therefore his  administrator as his representative be entitle to it without be oblige to make  distribution for the husband be not within the equity of the statute and it be  explain beside by the last clause in the statute of fraud and perjury car c  see and for the explain a act of this present parliament entitle a act for the  better settle of intestates estate be it declare that neither the say act nor  any thing therein contain shall be construe to extend to the estate of feme  covert that shall die intestate but that their husband may demand and have  administration of their right credit and other personal estate and recover and  enjoy the same as they may have do before the make of the say act  notwithstanding by the rule of the commonlaw the administrator of the wife be  entitle to it be a choose in action not receive or get in by the husband in  his lifetime yet equity will consider such administrator as a trustee for the  administrator of the husband for the husband have a absolute right to it by  survive his wife his administrator ought to have the benefit of it and  therefore the plaintiff bring this bill be a breach of trust and dismiss it  with cost and decree accord for the plaintiff be cite burnet v Kynaston Prec  in Chan and in vern and for the defendant Huntly v Griffith more