case upton versus prince see tailor v Cartwright lr Eq distinguish in re  peacock estate lr Eq and April a father advance some of his child with portion  in his lifetime and then make his will and thereby recite he have advance b  and c but omit recite d who he have also advance and leaves to he a sum  certain and devise the residue equal among they the money which d have receive  shall go in satisfaction of the legacy leave he the testator William prince a  freeman of London have issue two son William and Peter and four daughter and  in his lifetime give his two son in order to case tempt Talbot er p settle  they in the world pound apiece for which he take two several receipt each in  the follow word receive of my father William prince the sum of pound which I  do hereby acknowledge to be on account and in part of what he have give or  shall in or by his last will give unto I his son sometime after the testator  make his will in the follow word and whereas I have heretofore pay to give or  advance with my child William Elizabeth and Sarah the sum of pound apiece now  I do hereby in like manner give and bequeathe unto my three other child Peter  mary and whether the several sum of pound apiece and then give the residue  equal among all his child case tempt Talbot the custom of London be wave on  all side the question be whether Peter shall have a new sum of pound upon the  latter word of the will or whether he shall not be in the same case with  William they both be equal advance by the father and this seem only a mistake  in the testator Mr fazakerley insist that the receipt give to his father can  not control the express gift of the father subsequent and the father omit  Peter in the mention of the advancement shall be plain intend a difference  between they the receipt give by both and the case of both be the same but the  Lord chancellor decree the pound receive by Peter in his father lifetime to be  a satisfaction for what the father give he by his will and that he shall not  have another pound upon the latter word case tempt Talbot er p in Reg lib a  fol this case be state thus William prince die leave issue the defendant  William and Peter prince his son and four daughter the defendant Elizabeth  Grosvenor and Sarah Dix widow marry in his lifetime and the plaintiff mary  Upton and Ann eaden unmarried at his decease the defendant William and Peter  prince soon after they come of age desire the say William prince to advance to  each of they a sum of money towards set they up in the world and agree that  whatever he shall advance shall be part of what he shall give they by his will  whereupon the say William prince on the that June advance pound to the  defendant William prince who give the follow note for the same receive June of  my father Mr William prince the sum of pound which I do hereby acknowledge to  be on account and in part of what he have give or shall in and by his last  will give unto I his son and the say William prince the father about the saint  march advance pound to the defendant Peter prince who give the same note as  the say defendant William prince and the say William prince afterward on the  marriage of the defendant William prince make a settlement on the say  defendant of diverse freehold and leasehold house of a great yearly value and  the say William prince make his will date the that August and thereby ratify  the limitation in the say settlement and give the residue of his term in his  leasehold message in the parish of saint magnus to the defendant Peter prince  and take notice that he have advance with his child the defendant William  Elizabeth and Sarah pound apiece he thereby give his other three child the  defendant Peter prince and the plaintiff mary Upton and Ann eaden pound apiece  and he will that the residue of his estate shall be divide into six part and  that onesixth thereof shall be pay to the defendant William prince onesixth to  the defendant Peter prince onesixth to the plaintiff mary to the plaintiff Ann  onesixth to the defendant Benjamin Grosvenor and Elizabeth his wife the remain  six part to the defendant Sarah and her late husband Thomas Dix and he appoint  the defendant William and Peter prince and Benjamin Grosvenor and the say  Thomas Dix executor of his will the testator afterward make a codicil to his  will and thereby give several particular legacy and he afterward die without  revoke the say will and codicil that it be the say testator intention that the  say two sum of pound pay to the defendant William and Peter prince shall be  deduct out of the legacy give they and for that purpose he deposit the say two  note in a drawer with his will and intimate that the say drawer shall not be  open after his death by either of the say defendant unless his other child or  one of his son in law be present and short after his death the say drawer be  open in the presence of the say defendant and his other child and the say will  and codicil and two note be find therein and the defendant William and Peter  prince insist upon retain the whole legacy give they beside the pound apiece  give they and although they have sign such receipt as aforesaid whereupon his  lordship do declare that the sum of pound advance to the defendant William  prince in the lifetime of the say testator be not to be discount out of any  thing give to the say defendant William prince but as to the sum of pound  advance to the defendant Peter prince by the say testator his lordship declare  the same be in satisfaction of the pound legacy give to the defendant Peter  prince