case lord bristol versus Hungerford ante and reference vern S c in Vernon it  be erroneous state to be a trust for the heir at law vide the note wms which  confirm the accuracy of the case as here report wms S c cite land devise to be  sell for payment of his debt and that the surplus shall be deem part of his  personal estate and go to his executor and give his executor pound apiece as a  legacy the surplus decree a trust in the executor and subject to distribution  for the direction concern the surplus be only to exclude the heir not to give  it to the executor in their own right sir William Basset make his will in  write and thereby devise land to be sell for the payment of his debt and will  that the surplus shall be deem precedent in chancery part of his personal  estate and go to his executor and give to his executor pound apiece as a  legacy the question be whether as this case be the executor shall have the  surplus to their own use or shall distribute it accord to the statute of  distribution it be urge for the executor that by the will it be express say  that the surplus shall be part of his personal estate and go to his executor  and therefore it must precedent in chancery er p be understand he mean it they  to their own use and his give they a legacy of pound apiece can alter the case  for the surplus may perhaps be nothing and therefore he give they the pound  that they may in all event be sure of something and not to exclude they of the  benefit of the surplus and this be a devise of the surplus after debt and  legacy pay can be a trust in they for then all their trust be perform when  debt and legacy be pay on the other side it be say that the word in the will  that the surplus shall be part of his personal estate and go to his executor  be only intend to exclude the heir who else will have have it and not to give  any great interest to his executor than they will have otherwise curian  advisare vult but afterward decree it to be a trust in the executor precedent  in chancery de boundary S mich in curian porter