case llhoyd et ux et all v spillet et all Lord chancellor Talbolt Eq can ab pl  pl a devise all his real and personal estate to trustee their heir and  executor in trust to pay pound per annum to the plaintiff his two sister for  their life and after several legacy the surplus in trust for the dissent  minister at read c and give pound legacy to his trustee afterward the testator  by two deed of a subsequent date convey all his real estate and make a gift of  his personal estate to the use of the same trustee and their heir c proviso  both deed to be void on his tender of S to they there be also a proviso in the  will that if the sister dispute the will they shall forfeit their annuity  testator after he have execute the deed still keep the same in his own custody  the trustee refuse pay the sister their annuity who thereupon bring their bill  insist that the deed have revoke the will and that there be a result trust for  they as heir at law or at least that they the sister be entitle to their pound  per annum annuity the defendant insist on the plaintiff have forfeit their  annuity decree that the annuity shall be pay to the two sister the plaintiff  but the surplus to go to the dissent minister John stamp uncle of the two  plaintiff the feme covert seize in fee of a considerable real and possess of a  great personal estate make his will date the that of march and thereby devise  all his real and personal estate to the defendant spillet and another trustee  since dead their heir executor and administrator in trust to pay pound per  annum apiece to the plaintiff his two sister the wife of the other plaintiff  for their life and after some pecuniary legacy thereby give then in trust as  to the surplus for those person that be common call dissent minister  particular pound per annum to the dissent minister at read in Berks the like  annuity to the dissent minister at Wareham the like peer William to he at  Weymouth in Dorsetshire and give pound apiece to the defendant the trustee and  the other trustee decease and pound per annum to each while they take care in  execute the trust afterward by a deed of a subsequent date to the will the  testator convey all his real estate unto and to the use of the say trustee and  their heir with a proviso to be void on tender of S and by another deed of the  same date he grant all his personal estate to the same trustee to be void also  on tender of the like sum of S both which say deed the testator keep in his  own custody and soon after die the trustee for some time pay the pound apiece  to each of the testator sister but afterward refuse to continue the payment  thereof and do likewise refuse to pay any of the dissent minister but receive  the rend and profit of the premise to their own use the two sister and their  husband bring this bill in equity against the survive trustee insist that the  deed of conveyance of the real estate and the deed of gift of the personal  estate be subsequent to the will do plain revoke such will and peer William er  p the conveyance and deed be voluntary without any consideration and the  defendant be intend to be but a trustee a result trust must arise for the  plaintiff the heir at law which be say to be still much the strong in that the  plaintiff have inquire by the bill whether the testator stamp intend the  premise shall be to the use of the defendant or that the defendant and the  other trustee decease shall receive the profit for their own benefit the  defendant in his answer have say he peer William can not tell whether the say  stamp the testator do or do not so intend and the plaintiff have pray by their  bill that if the court shall be of opinion they be not entitle to a result  trust in the whole estate that in such case they may at least be decree their  arrear of that small annuity of pound per annum apiece the defendant in his  answer thereto have insist on there be a clause in the will that if the  testator heir at law shall dispute the will then they shall forfeit their  annuity and submit it to the court whether the plaintiff have not by prosecute  this their suit forfeit their say annuity the Lord chancellor declare he very  much dislike the defence that have be make in controvert the payment of these  small annuity of pound per annum apiece to the wife of the plaintiff and  insist that they be forfeit by this their bill see web v web ante vol and  observe that the testator plain intend the annuity of pound per annum a piece  to the plaintiff his sister and coheir and that the surplus of his estate  shall go to these dissent minister that the defendant own answer make it  appear evident that he be design to be but a bare trustee and the rather for  that a liberal legacy of pound and likewise the pound per annum salary be  allow to the defendant that the subsequent conveyance of the land and deed of  gift of the good be not design to prejudice the charity for the dissent  minister but to strengthen it and it be a further argument of the intention of  the testator that the defendant shall not have the premise to his own use  inasmuch as after the deed of the land and good be execute still they be keep  in the custody of the testator so that as the deed be intend only by way of  trust in the trustee it be more reasonable to establish this trust on the foot  of the will peer William and with regard to the annuity his lordship decree  that the arrear and grow payment thereof belong to the plaintiff who be  entitle also to their cost and though it be pray that these cost may come out  of the estate which the defendant urge will be the same benefit to the  plaintiff yet the court deny it as tend to charity and say the defendant the  trustee have make so ill a defence as not to have deserve the least favour by  this decree bill dismiss as to every thing but the payment of the annuity Reg  lib b fol affirm on a rehear before Lord Hardwick atk et vide Adlington v Cann  atk attorneygeneral v cook ves Edward v pike Eden boson v Statham Eden Cox  Muckleston v brown Ves peer William de term S HILLARII