case crockat versus crockat at the roll Eq can ab pl one place pound in a  goldsmith hand on his note and afterward order part out again and then devise  the pound in the goldsmith hand to I S this good for the whole pound by if the  testator have after the make the will draw out part of this money for this  have be a ademption pro tanto the testator give to the plaintiff his sister  Susanna Crocket the sum of pound which be then in Mr else hand and make the  say Mr Ellis executor in trust for the say testator brother and die soon after  the make of the will it seem the testator before make of the will have leave  in Mr else hand pound for which Mr Ellis have give a note to the testator  Payable to he or order and the testator have before the make the will draw  some bill on Ellis order he to pay several small sum of money which in all bad  reduce the pound to pound but the testator have leave in Mr else hand a  exchequer order for the payment of pound per annum to the testator for  thirtytwo year and leave asset for the payment of all his legacy include the  whole legacy of pound to his sister Susanna insist the plaintiff Susanna  Crocket shall have no more than pound of her legacy of pound there be no more  than pound leave in Mr else hand peer William master of the roll content she  shall have the whole pound legacy where a testator by his will give a legacy  of pound which be in the hand of I S and after the make of the will call it in  or order I S to fray to himself or other part of the money which be accord do  this a ademption of such part of the legacy and the diversity be where the  party who have the money pay it of his own choice and uncalled for and where  the testator himself call for it in for it must be the testator own act and  not the act of a three person which be to revoke his will but in the principal  case these payment out of the pound in the hand of Mr Ellis have be all order  by the testator before the make of his will this can be say to be a ademption  of the legacy but be a express indication of the testator intention that as  the note for the full sum of pound be still stand out notwithstanding he have  order the paymentin of part of the note yet he renounce all those payment and  will that the whole pound shall be the legacy which he give to his sister  Susanna but I take it that the pound legacy shall not be make good out of the  exchequer order for the thirtytwo year annuity the legacy give be a legacy of  pound in money let the plaintiff have the whole pound note and interest from  the time of fill the bill but the diversity between a voluntary and a  compulsory payment seem not to have be approve of by Lord Macclesfield since  the latter may be with a intent to secure the legacy in all event see the case  of earl of thomond v earl of Suffolk ante vol I see also the case of rider v  Wagner post and ford v Fleming decree by Lord chancellor king Trin post and Eq  can Abr pl peer William er p