a be executrix of b her former husband and after marry c who by his will in  devise to his wife the plate and good she bring he in marriage and two silver  salver in lieu of plate that have be change away and make her executrix and  die leave a daughter by a former wife and his wife enseint of a daughter and  there be no devise of the surplus of the personal equity case abridge estate  the question be whether she shall take it as executrix to her own use or  liable to distribution and Lord keeper decree the surplus to the wife as well  for that this will be make before the case of foster and Munt as also for that  in this case nothing be devise to the wife but what be her own before and as  she be executrix to her former husband but principal because where a wife be  make executrix it be to be presume she be not make so to have bare a office of  trouble but of benefit to take the surplus hill ball and smith vern the  plaintiff marry one mrs Allen sister to William Allen who be possess of a  personal estate to the value of about pound and be take ill make his will in  write the very day before his death and thereby devise several legacy to his  relation and among the rest give the plaintiff his sister about pound and give  pound to Mr Serle and his wife and their four child to buy they mourning and  give to his dear and most esteem friend mrs Sarah Serle one of the daughter of  Mr Serle to who he have make his address in way of marriage pound and give his  horse and furniture to one of the defendant by his Christian name and surname  and his clothes to be dispose of by his executor and then conclude as to the  pound I be entitle to in the SouthSea company and the rest of my personal  estate I will that the same shall be sell for payment of my debt and legacy  and I make Mr John and Mr Thomas Serle my executor and die the executor be two  of the child of Mr Serle and entitle to their proportion of the pound devise  for mourning and one of they to the horse and furniture but be no way relate  to the testator the surplus of the personal estate come to about pound and  this bill be bring against the defendant the executor to have a account  thereof and that it may be pay to the plaintiff who wife be the only sister  and next of kin to the testator and for the plaintiff it be insist that the  executor be mere equity case abridge er p