a devise particular land to his executor to be sell for payment of all his  proper debt and give direction to the person who draw the will to give all his  personal estate to his executor but by mistake that be omit though prove by  the person who draw the will Harcourt c decree the executor to account for the  equity case abridge er p personal estate say he must construe the intent of  the testator out of the word of the will and not upon parole evidence mich Ann  M S Rep vin Abr pl gale and Crofts mich Ann dick SC and p as to the parole  evidence of the intent of testator dehors the will be cite Littlebury and  Buckley in dom proc Eq can Abr title executor and administrator d can p and  per Lord chancellor parole evidence in that case be admit because the parole  evidence there be a affirmance of the right at commonlaw in opposition to a  presumption in equity that where the executor have a specific legacy the  surplus be not intend to be give to he but in this case the parole evidence be  to control the commonlaw and give the personal estate to the executor which be  asset at commonlaw to pay debt ibidem a devise be to a son by name and his  Christian name be mistake but it be add such a son in the service of the duke  of Savoy parole evidence be admit and this son though his name be mistake have  the estate cite per Lord chancellor east Geo vin Abr pl so if two person of  the same name father and son it shall be intend of father but evidence may be  admit to prove which be mean ibidem a devise land to trustee and their heir to  pay some annuity c and will that what remain shall go to his heir for ever on  the part of his mother N B this estate descend from the grandmother to his  mother and from her to he Lord chancellor admit parole proof to be give that  he design the heir by the grandmother the estate come from her and decree that  the trustee shall convey to grandmother heir b east Geo anon vin Abr pl b  these word shall go and come to m heir a part of a mother be no more than I a  declaration that the trustee shall not take and the land shall descend accord  to the old use as if these word have not be in the will but this will will  have have another construction if there have be any alteration of the old use  by a settlement ibidem