
    Vaughan and Wife v. Wilson.
    September Term, 1809.
    Husband and Wife — Property Belonging to Wife — Suit to Recover. — In a suit by husband and wife, for the recovery of personal property in her right, if the husband dies, the right survives to her; and on her death, the suit should not be revived in the name of his administrator.
    The bill in this case was filed to recover some personal property in right of the wife, which she derived from her son, who died intestate, in April, 1787; her husband, the plaintiff, died, and then she died, and the suit was revived *upon the abatement thereof, in the name of his administrator. To this bill there was a demurrer.
    
      
      See monographic note on “Husband and Wife” appended to Cleland v. watson, 10 Gratt. 159.
    
   By the Chancellor.

The demurrer is certainly good, as the right survived to the wife; and the plaintiff must pay costs. But the order awarding process to revive may be set aside, which will leave the suit abated, as the plaintiff prefers this course, and as it can make no difference with the defendant.  