case cordell versus noden all overrule smith v Fitzgerald Ves d die March  Julii lord commissioner Eq can ab pl pre Ch S c a by will give several legacy  to his relation amount to near the value of his estate and make b and c his  executor and give they pound and entreat they to take the trouble of get in  his estate testator life io year after and acquire a additional estate decree  the survive executor but a executor in trust and that the new acquire estate  shall go to the legatee in proportion to their legacy one Mr Cordell in make  his will to the effect follow I dispose of my estate after mention and what  else I have in the world in manner and form follow and then distribute his  estate among his relation the particular legacy amount unto near the value of  his whole personal estate as appear by a calculation of his own handwriting by  he about that time make and token make his mother and Mr noden executor and  give they twenty pound and entreat they to take the trouble of get in his  estate the testator life ten year after this and acquire a additional estate  and die not have alter nor new publish his will the bill be by the legatee to  call air noden who be the survive executor to a account for the personal  estate allege he be entrust therein for their benefit the defendant by answer  confess the will that the testator live ten year after ware and acquire a  considerable additional Vernon chancery case personal estate and conceive he  be entitle to it as be the survive executor but submit to the judgement of the  court vide Robert v Bennet ante p upon long debate of this case the court  agree in opinion that the defendant shall be but in the nature of a trustee  for the benefit of the legatee Lord Trevor conceive Cordell can not be say to  die intestate as be urge by the plaintiff counsel as to the new acquire estate  for have leave a will and a executor he can not be say to die intestate but he  take it that upon the face of the will the defendant noden be only a executor  in trust for the plaintiff and that the new acquire estate shall be distribute  to the legatee in the will in proportion to the legacy thereby devise and as  if the estate have fall short they must have abate in proportion so now it be  increase it shall be advance in proportion in clennell v Lewthwaite Ves Jun  Lord Alvanley say of this point the court do what can not be warrant by order  the residue to be distribute among the next of kin in proportion to their  legacy and in smith v Fitzgerald v b he be confirm by sir W grant Vernon  chancery case er p Lord Rawlinson of the same opinion and rest much on the  word I dispose of my estate after mention and what else I have in the world as  follow c Lord Hutchins that noden be a trustee and the estate shall go to  augment the legacy in proportion and say there may a trust appear upon the  face of a will in a executor as well as upon the face of a deed or assignment  and cite the cable of bring and bring where in the will it be say he make I S  executor in trust and not say for who and decree a trust for the widow and say  he be tell of a case adjudge in the court when he be absent through sickness  where a man have make his wife and I S executor his wife be age and unable to  collect and get in the estate and make his wife residuary legatee it happen  that the wife die in the lifetime of the testator who leave four child who  bring a bill against the survive executor and their bill be Vernon chancery  case dismiss though upon the will the wife be make residuary legatee and the  intention of the testator no question be that she shall dispose of the estate  for the benefit of the child and confide in her for that purpose vide foster v  Munt ante Vol and case cite in not there