BARON and F E M E. 
every other fpecies of perfonal property, whether actual¬ 
ly veiled in her, and reduced into poireflion, or contingent, 
or recoverable only by adtion or fuit. It was, however, 
made a queflion after the fiat. 29 Car. II. c. 3, whether, 
if the hufband, having furvived his wife, afterwards die, 
during the fufpenfe 1 of the contingency upon which any 
part of his wife’s property depended, or without having 
reduced into polfeflion fuch of her property as lay in ac¬ 
tion or fuit, his repreientative, or his wife’s next of kin, 
were entitled thereto. But, by a (erics of cafes, if is now 
fettled, that the reprefentative of the hufband is entitled 
as much to this fpecies of his-wife’s property as to any 
other; that the right of adminiftration follows the right 
of the effate, and ought, in cafe of the'hulband’s death 
after the wife,' to be granted to the next of kin of the huf¬ 
band. And that, if adminiftration de bonis non of the wife 
is obtained by any third per (on, he is a truftee for the re- 
prefentative of the hufband. 1 P. Wins. 378, 382. 
If the wife furvive the hufband. As to this point, there 
is a material difference with relpedt to chattels real, and 
goods, cattle, money, and other chattels perfonal. All 
chattels perfonal become the property of the hufband im¬ 
mediately on the marriage; he may difpofe of them, with¬ 
out tlte confent or concurrence of his wife ; and* at his 
death, whether he dies in her life-time, or furvives her, 
they belong to his perfonal repreientative. loC’e. 42. 2 
Injl. 510. With refpect to her chattels real, as leafes for 
years, there is a diftindtion between thofe which are in the 
nature of a prefent veiled intereft in the wife, and thofe in 
which (lie has only a poliible or contingent intereft. To 
explain this fully, it feems proper to mention, that it was 
formerly held that a difpofition of a term of years to a man 
for his life, was fuch a total difpofition of the term, that 
no difpofition could be made of the poffible relidue of the 
term; or, at lead, that, if it W'as made, the firft devifee 
might difpofe of the whole term, notwitliftanding the de- 
vife of the relidue. This is reported (Dy. 74) to have 
been determined by all the judges in a cafe in 6 Edw. VI. 
The court of Chancery firft broke through this rule, and 
fupported fuch future difpofitior.s when made by way of 
truft ; their example was followed by the courts of law in 
Mat. Manning’s cafe, S Rep. 94^, and Lampet’s cafe, 10 
Rep. 46 b. This difpofition of the relidue of a term, after 
a previous difpofition of it to one for life, operates by way 
of executory devife, and the intereft of the devifee of the 
refidue is called a poffibility. This poliible intereft in a 
term of years differs from a contingent intereft created by 
way of remainder. If a perfon limits a real eftate to A 
for life, and after the deceafe of A, and, if B dies in A's 
life-time, to C for a term of years; this operates not as 
an executory devife, but as a remainder, and therefore is 
not to be conlidered as a poffibility, but as a contingent 
intereft. 
Mow, if a perfon marries a woman poffeffed of, or en¬ 
titled to, the truft of a prefent, adtual, and vefted, intereft, 
in a term of years, or any other chattel real, it fio far be¬ 
comes his property, that he may difpofe.of it during her 
life; and, if he furvives her, it veils in him abfolutely; 
but, if he makes no difpofition of it, and fine furvives him, 
it belongs to her, and not to.his reprefentativ.es : nor is he 
in this cafe intitled to difpofe of it from her by will. Free. 
Ch. 418. 2 Van. 270. If a perfon marries a woman entitled 
to a poliible or contingent intereft in a term of years, if it 
is a legal intereft, that is, fuch an intereft as, upon the de¬ 
termination of the previous eftate, or the happening of 
the contingency, will immediately veil in poffefiion in the' 
wife, there the hufband may allign it; unlefs perhaps in 
thofe cafes where the poffibility, or contingency, is of fuch 
a nature, that it cannot happen during the hulband’s life¬ 
time. 1 Injl. \Gb. 1 Salk. 326. But it is an exception to 
this rule, at lead in equity, that, if a future or executory 
intereft in a term, or other chattel, is provided for the 
wife, by or with the confent of the hufband, there he can- 
’not difpofe of it from the wife,'as it would be abfurd to 
allow him to defeat his own agreement. But this fuppo- 
Vol. II. Mo, ICO. 
745 
fes the provifion to be made before marriage ; for, if made 
fubfequent, it is a mere voluntary adt, and void again!! an 
affignee for a valuable conlideration. 1 Cha. Ca. 225. 1 Van. 
7, 18. If a wife have a chattel real, cn autre droit, asexe- 
cutor or adminiftrator, the hufband cannot difpofe of it, 
1 A/h 3.51 a. But, if the wife had it as executrix to a for¬ 
mer hufband, the hufband may difpofe of it. 3 Wilf. 277. 
And, if a woman be jointenant of a chattel real, and mar¬ 
ries and dies, tire hufband (hall not have it, but it furvives 
to the other jointenant. 1 Injl. 183 b. And the hufband 
hath not power over a chattel real, which the wife hath 
as guardian. Plowd. 294. 
Things in adtion do not veft in the hufband till he redu¬ 
ces them into polleffion. It has been held that the huf¬ 
band may fue alone for a debt due to the wife upon bond ; 
but that, if he join her in the adtion, and recover judg¬ 
ment and die, the judgment will furvive to her. 1 Vein. 
396. All. 36. 2 Lev. 107. 2 Vez. 6yj. The principle of 
this diftindtion appears to be, that his bringing the action, 
in his own name alone, is a difagreement to his wife’s in¬ 
tereft:, and implies it to be his intention that it fltould not 
furvive to her; but, if he brings the action in the joint 
names of himfelf and his wife, the judgment is, that they 
both Ihoiild recover; fo that the furviving wife, and not 
the reprefentative of the hufband, is to bring the fcir.efacias 
on tlte judgment. In 3 Atk. 21, lord Hardwicke is re¬ 
ported to fay, that, at law, if the hufband has recovered- 
a judgment for a debt of the wife, and dies before execu¬ 
tion, the furviving wife, not the hulband’s executors, is 
entitled. 
Thefe appear to be the general principles of the courts 
of law, refpedting the intereft which the hufband takes in, 
and the powder given him over, the things in adtion of his 
wife; but the courts of equity have admitted many very 
nice diftindtions refpedting them. 
1. A fettlement made before marriage, if made in con- 
fideration of the wife’s fortune, entitles the reprefentative 
of the hufband dying in his wife’s life-time, to the whole 
of her tilings in adtion ; but it has been laid, that, if it is 
not made in confideration of her fortune, the furviving 
wife will be entitled to the things in action, the property 
of which has nor been reduced (into his power) by tlte 
hufband in his life-time; fo, if the fettlement is in conli¬ 
deration of a particular part of Iter fortune, fuch of the 
things in adtion as are not compriled in that part, it has 
been faid, furvive to the wife. Pre. Ch. 63. 2 Fern. 502. 
Tal’o. 168. 'In the cafe of Blots v. Countels of Hereford, 
(2 Venn. 501,) a fettlement was made for the benefit of the 
wife, but no mention was made of her perfonal eftate ; it 
was decreed to belong to the repreientative of the huf¬ 
band; and it was then fgid, that in all cafes where there 
was a fettlement equivalent to trie wife’s portion, it lliould 
be intended that he is to have the portion, though there 
is no agreement for that purpofe. Eq. Ab. 69. 
2. If the hufband cannot recover the things in adtion of 
his wife but by the aftiftance of a court ot equity, the 
court upon the principle, that he who feeks equity mull 
do equity, will not give him their ailhtance to recover the 
property, unlefs he either lias made a previous provifion 
for her, or agrees to do it out of the property prayed for; 
or, unlefs the wife appears in court, and contents to the 
property being made over to him. 2 P. I'I'm. 641. 2 Fez. 
669. Neither will the court, where no fettlement is mada 
for the wife, direct the fortune to be paid to the hufband, 
in all cales where (he does appear perfonally and confent 
to it. 2 Fez. 579. It appears to be agreed, that the inte¬ 
reft is always payable to the hulband, if he maintains his 
wife ; yet, where the hulband receives a great part of the 
wife’s fortune, and will not fettle the reft, the court will 
not only flop the payment of the refidue of her fortune, 
but will even prevent his receiving the intereft of the re¬ 
fidue, that it may accumulate for her benefit. 3 Atk. 21. 
3. Voluntiers and aftignees, under a commiffion of bank¬ 
rupt, are in cafes of this nature fubjebt to the fame equity 
as the hufband ; and are therefore required by the court, 
-9D if 
