case Elliott versus davenport Dec master of the roll Eq can ab pl S c a devise  to b pound which he owe her provide that thereout he pay several sum to his  wife and child and the rest she free give to he and direct her executor to  deliver up the security and not to claim any part of the debt but to give such  release as b his executor c shall require b die in the lifetime of the  testatrix decree the legacy give out of the pound to be pay and the residue of  the debt to be pay to the executor if a person say in his will I forgive such  a debt or my executor shall not demand a or shall release it this be a  discharge of the debt though the debtor die in the lifetime of the testator  but if a debt be devise by will to the debtor without word of release or  discharge of the debt and the debtor die in the life of the testator the  legacy be lapse and the debt subsist the testatrix by will recite that sir  William Elliott owe her four hundred pound give and bequeathe that four  hundred pound to he provide he out of the four hundred pound pay several sum  therein mention to his wife and child and the rest and residue she free and  absolute give to sir William Elliott and will and require the executor to  deliver up the security immediate upon her death and not to claim or meddle  with the debt or any part thereof but to give such release or discharge as sir  William his executor or administrator shall require or think fit sir William  die in the lifetime of mrs davenport the testatrix whether the four hundred  pound be release or be a lapse legacy be the question Vernon chancery case it  be admit if she have only say I forgive such a debt or that my executor shall  not demand it or shall release it that will have be a good discharge of the  debt although sir William die in the lifetime of the testatrix and it be also  admit that the money direct to be pay by sir William to his wife and child out  of the debt of four hundred pound will stand good as well devise although sir  William die before the testatrix and it be likewise admit that if a debt be  mention to be devise to the debtor Vernon chancery case er p without word of  release or discharge of the debt if the debtor die before the testator that  will be a lapse legacy and the debt will subsist now in this case the first  clause in the will import a devise only and the latter clause amount to a  release and discharge of the debt and the executor be enjoin from receive it  the only question be whether the latter clause be not to be so couple to the  former as to be ancillary and defendant upon it videlicet if the legacy take  effect then the executor to release and not to claim the debt as a consequence  of it and the court be the rather induce to be of that opinion because it  appear by the devise over of part of the debt to the wife and child it be not  the intent of the testatrix that the will shall work by way of release or  extinguishment of the debt decree the plaintiff to be allow what be devise  over and to pay the residue of the debt to the executor vide p wms SC and note  there Toplis v baker Cox Maitland v Adair Ves and in addition where legacy  give legatee pay a annuity legatee die in the lifetime of testator the annuity  nevertheless subsist and shall be a charge upon the residue all lapse legacy  whether pecuniary or specific fall into the residue oak v heath ves Jackson v  Kelly ves send vide as to the application of the rule to real estate Goodright  v opey Mod wright v horn ibidem and to prevent a lapse the intention ought to  be special pen the principal case p wms