case burnett versus kinaston ante and reference Eq Abr pl SC pl freeman S c  vern vern S c pale yellow Rep wms case tempt Talb to I atk atk post a feme  covert be entitle to pound on a mortgage in fee husband article to lie out  this money in a purchase of land to be settle as a provision for he and his  wife and their issue the wife die without issue the husband take  administration to her and by will devise this money to the plaintiff before  payment of it and die on a bill bring against the administrator de good non c  of the wife hold there can be no relief the law be with the defendant this  money belong to the administrator de good non c of the wife and be  distributable among her next of kin the plaintiff father have marry the  defendant aunt for his second wife and she be interest in several mortgage for  several sum of money amount in all to which be her fortune among which one be  a mortgage in fee for pound precedent in chancery er p from her brother the  defendant father after marriage the plaintiff who be a soldier of fortune  execute article precedent in chancery between himself of the one part and some  of his wife relation of the other part whereby he agree that he will take but  pound of his wife fortune to his own use and that the remain pound of his wife  fortune shall be invest in a purchase of land which shall be settle to the use  of himself for life then to the use of his wife for life then to the first and  other son of the marriage in tail male with a term to trustee to raise portion  for young child then to the heir of the body of the wife and then to the right  heir of the husband the wife be no party to these article and soon after die  without issue so that all the remainder mention in the article to the husband  remainder in fee be spend and the husband survive and take administration to  her and come to a account with Kinnaston the mortgagor for the pound and he  promise to pay the money within three month and in consideration thereof have  a abatement of pound but he do not pay the money at the time and before it be  pay burnet the husband die but before his death make his will and thereby  devise this money after debt pay to be equal divide among the plaintiff who be  his child by his first wife Administration de good non c to the second wife be  grant to the defendant mill and the question be whether these article make by  Burnett after his marriage be such a alteration of the property of the wife  money as that the husband have power to dispose of it by his will or whether  it belong to the administrator de good non c of the wife and be to be  distribute among the next of kin for the plaintiff it be argue that though  this mortgage be a estate of inheritance in the wife yet be but a security for  money it be in consideration of equity a chattel interest only and shall go to  the executor and not to the heir and be therefore disposable by the husband  without his wife as other chattel precedent in chancery interest of she be and  nobody can deny but that a husband can assign over or release a thing in  action of his wife and the wife consent or join in the article will not have  alter the case for of the personal thing of the wife the husband have a  dispose power without her consent and if this be not a good disposition then  neither the husband nor wife or both can after marriage dispose of a  personalty of the wife and whereas it have be say on the other side that there  be a difference between a temporary interest and a absolute interest and in  this case the interest of the husband be only a temporary interest that  distinction be of no force where the disposition be make during the  continuance of such temporary interest as it be in this case and it be not the  same as if it have be a disposal by will which it be urge will not have be  good for there the interest of the husband be spend and the wife in by  survivorship before his will can take place as if there be two jointtenants  and one devise his moiety and die this court will not help against the  survivor but if in his lifetime he have agree to assign over though voluntary  this court will have make it good on the other side it be urge that they bad  the law with they and no reason for a court of equity to interpose that the  article be after marriage and voluntary and that the wife have do nothing to  bind herself that the husband notwithstanding the article may have sell or  assign or if the article will have bind he yet they can not bind his wife for  he can only bind her by execute his legal power videlicet by release or  receive the money and his power be but temporary and not absolute and he have  make no far dispositionduring the time he be administrator to his wife that  notwithstanding these article the wife must have join in suit for this duty  and the benefit of it will have survive to her and the legal interest of a  feme covert can be bind but by a precedent in chancery fine nor the equitable  interest without a decree and majorgeneral egerton case be cite where a  mortgage go to a wife who survive and a case where it be say that a legacy be  devise to a feme covert her husband afterward become a bankrupt and the  commissioner assign over this legacy and then the bankrupt die and decree the  wife survive shall have the legacy Lord keeper if a husband assign a bind of  his wife for a valuable consideration this assignment will not bind the wife  if she survive and so it be in this case for the wife claim paramount if one  joint tenant grant a rentcharge can the grantee come against the survivor to  make it good sure no perhaps a agreement to assign may be otherwise though I  think it will not here be nothing but the act of the husband without any  consideration and the plaintiff have no title let the bill be dismiss  precedent in chancery er p precedent in chancery de boundary S mich in curian  porter