case gay versus GAYRE and north all Feb Lord keeper Eq can ab pl S c a devise  to b all his good and furniture in his house except his picture which he give  to c picture in box as well as what be hang up in the house will pass to c and  so will picture buy after make the will sir Robert Gayre devise his house in  saint jermynstreet and all his good and furniture therein to his lady for life  and after her decease to his son Robert and his heir except the picture which  he thereby give to his son James and Edward to be equal divide and if either  of they die before the age of twentyone the survivor to have they all and if  both die before twentyone then to his son Robert and his heir and make his  wife guardian of James and Edward the testator have picture hang up in the  house and likewise picture in box and it appear by proof in the cause that he  have skill in picture and frequent buy picture and sell they again Lord keeper  the picture pass not by the devise to the lady Gayre but the exception of the  picture shall extend as well to the picture hang up as furniture as to those  in box and as well to those in the house at the time of the will as to those  bring in after the will make the word of the decree as to the house furniture  picture c be as follow and this court declare that the jermynstreet house and  the good and furniture therein and the picture which be in the house in  jermynstreet at the time of the death of the say testator as well those hang  up as those in box and roll up do belong unto the say lady Christian g a re  the relict for and during her life for her use and after her death to go  accord as the say will direct but that the picture be to be keep by her for  the use and benefit of the son entitle thereto accord to the say will and the  say executor be forthwith to deliver though same picture to the say lady  accord Reg lib a fol afterward on a rehear the decree be alter and it be  thereby declare that all the picture which be in the say house in jermynstreet  at the time of the say testator death as well those which be hang up as those  which be in box and roll up be except out of the say devise of the good and  furniture so devise to the say lady Christian for her life and then to the  defendant Robert the heir and that the say exception be a original devise of  the picture to the say James and Edward the young child as by the say will be  particular express and that the say picture ought to be preserve for they by  the say lady Christian accord to the say will and do order the same to be  deliver to her accord and for that purpose that two inventory be make of the  say good and furniture and two of he say picture and that one of each of the  say inventory be sign by the say lady Christian and one of each of they be  deliver to the say Robert Gayre the heir and that the other two be leave with  the say master for the use of the say James and Edward the infant Reg lib a  fol vide all soul college v coddrington p wms dean and chapter of Christ  church v barrow Amb so as a general principle a bequest of household good and  all personal estate shall relate to the death of testator master v master p  wms wind v Jekyl ibidem because they go to the executor and the legacy passes  not by the will but by the assent of the executor to who the will be only  directory so that the legatee be in by the executor say qure whether this will  do as to a chattel real or a lease for year vide bunter v coke salk see Alford  v earl ante and note there Vernon chancery case although the case in Swinburne  be cite where the devise of good in a house shall pass only what the testator  then have in the house Vernon chancery case er p