BODDICOTT and hamilton against dalzeel prerogative court Trinity term June  that the office of trustee differ from that of executor Administration cum  testament fastening grant to one of the next of kin who be before the court in  preference to the trustee for the property follow in the good of Jones sweet  Tr not apply in re MKane lr ir refer to in the good of grey lr ir dr Simpson  for Boddicott and Hamilton Gibson dalzeel Esq decease make his will he have  many share in the sun fire office and in the i in Scotland and a lease for  year of a coalmeters place which he give to Boddicott Hamilton and other in  trust for his daughter and after several contingency give remainder thereof to  his son Robert and if be die in his minority without issue give the remainder  thereof to the trustee for their own use and give all the residue of his  estate to say trustee to pay one moiety to his daughter miss dalzeel the party  and the other moiety to his say son decease have also a good estate at Jamaica  which he give likewise to trustee to be divide in moieties between his say son  and daughter appoint no executor the question be whether administration lee  with this will annex shall be grant to miss dalzeel the daughter or to  Boddicott and Hamilton the trustee who likewise pray that it may be grant to  they the son be a minor and be not before the court the first point be whether  the trustee in this case be not to be deem executor the second point be  whether suppose they be not to be look on as executor the residue be not  devise in such manner as will entitle they to the administration cum testament  in preference to the daughter it be not necessary to appoint a executor in  express word it be enough to describe his office the legal estate be in the  trustee the trustee be to pay one moiety of the residue to the daughter and be  to pay all the legacy which be the business of executor the daughter be to  have only the profit of the i c for life but if she have the administration  the whole estate will be vest in her decease never mean she shall have the  administration Ventris Thomas and tailor hold that administration  notwithstanding the statute of h c shall be grant to a residuary legatee and a  administration grant to a next of kin as such be revoke the daughter be not in  herself immediate a residuary legatee for the residue be give to the trustee  to pay her a moiety only dr clarke same side the court in this case have a  discretionary power of grant the administration for it be a case out of the  statute a executor Swinburne say may be appoint by implication decease whole  fortune be vest in trustee and if the daughter have the administration the  will can be perform the daughter lee have only the interest and profit of part  of the effect for her life dr hay contra for miss dalzeel there be five  trustee but only two appear to pray administration cum testament the daughter  have the beneficial interest the court be ministerial in the grant of this  administration for she be both next of kin and have the beneficial interest  stat Edward and h administration must go to the next of kin unless the residue  be dispose of to another assistant lee er p cion follow the real not the legal  imaginary interest the trustee have no beneficial interest in the residue of  the English estate a trustee have very different power from a executor this  court have no jurisdiction over trustee and therefore they can be call to  account in this court but they can have relief against the daughter in  chancery judgment sir George lee I be of opinion there be no word in the will  that make the trustee executor they have only power to pay what be vest in  they as trustee to the particular person for who use they hold it but have not  a general power to receive and pay what be due to and from the estate which be  the office of a executor that they be mere trustee and can as such enforce the  performance of the trust in chancery and that all trustee may with as much  propriety contend against the next of kin for administration cum testament as  these and therefore as the son be not before the court and the daughter be one  of the next of kin and have the beneficial interest in a moiety of the residue  I decree the administration cum lee testament to her but direct that it shall  not pass under seal within fifteen day