a make his will and leave a wife daughter and three grandchild by another  daughter he devise to mrs wife the income and profit of all his real and  personal estate for her life and after her decease he devise a annuity of  pound a year to his daughter for her life and devise some other legacy to the  child of his decease daughter some Payable at a certain age other on their  marriage general and one to his daughter upon her marriage with the consent of  her mother and make his wife executrix but if she die in the life of her  daughter then he make the daughter executrix and as the residue after the  mother death be not dispose of the question be who shall have it whether the  mother as executrix or it shall be divide as a result trust among the next of  kin and by the court after argument on both side it seem the residue must be  distribute as vest in the executrix only as a trustee for the next of kin it  be certain there be no difference whether a mother or stranger be make  executrix for if the executrix have a legacy give simple and absolute the law  of this court be that this give for her trouble in manage the Administration  and if it shall not go in restraint of any further claim but the executrix  shall take the whole such a bequest will be absurd and therefore without some  contrary evidence it be look upon as a indication of the testator mind to give  only such particular legacy to the executrix for her own use and so she become  a trustee for the residue indeed there have be some distinction on this point  make as where a man devise a specific thing to his executor for life and after  his decease to another for life and say nothing of the residue there the  devise to the executor go only by way of exception Q to the interest devise  over and as it be absolute necessary to make the first devise to the executor  to support the subsequent remainder there the devise to the executor have not  be look on as a satisfaction for his trouble but only to introduce the succeed  gift and so do not oust the executor of the residue of the personal estate and  so be the case of the duke and duchess of Beaufort and Mackworth and lewellin  mich before Lord Talbot where a devise a term of twentyone year for three year  to his executor Herbert Mackworth pay pound to b which be the full value of  the term for three year remainder to c if he shall live to the end of the term  and it be hold that the residue of the term on the death of c belong to the  executor but in the present case there be no such intention to be collect the  testator have devise the profit of his real and personal estate to his wife  for her life and have give several specific legacy which may possible vest in  her time some must as those of marriage with consent the annuity of pound be  to take place after her decease not as a remainder of the estate give to  equity case abridge her but as a charge to arise out of the whole the former  legacy go in diminution other interest under the will on the contingency they  depend upon but must be pay whether she life or die and the latter be a  absolute annuity independent of her interest whenever she die so that the  devise to the wife be a simple legacy to her and a beneficial interest and if  the limitation for life do not confine it to that time this of no effect at  all and therefore decree the residue after the wife be decease to be  distribute I e one three to her another to the daughter and the remain three  to the child of the decease daughter there be another question in this case  which be this the testator and his wife be at their marriage Willing to keep  their own estate covenant that if the husband die intestate the wife shall not  take out Administration to he nor have any part of his personal estate and it  be urge this ought to exclude her from a distributive share say per cur the  covenant intend a general intestacy when a administrator will be necessary as  where the husband make no disposition of his personalty but here it be dispose  of the executrix have every thing not specifical devise in trust for the next  of kin and so much of it result back to her as she be entitle as wife and  there be no pretence for call this trust estate result to the kindred a  intestacy any more than a result trust of land after debt pay under a devise  Gobsall and sound Feb at the roll ms Rep