case petit and petit executor of Richard petit vers smith executor a executor  from his name be but a trustee he be to execute his testator will and  therefore call a executor and this be the reason why the spiritual court can  compel a distribution because they can enforce the execution of a trust p wms  be not compellable by the spiritual court to make distribution accord to the  statute of car ld raym SC I p wms SC comb SC Mod SC Eq Abr pl SC burn  ecclesiastical law vin Abr title executor z pl b pl prohibition be move for to  the spiritual court where it be attempt to make the executor distribute accord  to the statute of distribution car c and upon a consultation it be urge that  executor be only trustee of the good of the testator and have they to  administer accord to the intention of the testator and where they have pay his  debt and legacy then it be but reasonable that they distribute the surplus to  the next of kin to the testator and there be a case cite of a decree in  chancery between the name of this case be mistake in the text it be foster v  Munt frost all forest v Munt vern Eq Abr SC I p wms Str a where the testator  have make the defendant his executor and devise to he as follow videlicet I  give unto my executor the sum of only and it be decree that the executor shall  be Accountable for the residue for the intent of the testator appear to be  that his executor shall have only but the court here incline that a  prohibition shall go for comens er p the case cite depend upon the special  word of the will and do not extend to the present case prohibition be grant in  this case and afterward smith bring a bill in chancery against the executor  for a account of the surplus and the court decree that such surplus shall go  accord to the statute of distribution I p wms the executor in this instance  have legacy leave they I p wms so that this case be not distinguishable from  that of foster v hunt but they be both govern by the same principle at the end  of easter term will sir William Gregory one of the justice of the king bench  die and in the Trinity term follow sir John Turton one of the baron of the  exchequer be remove to the king bench and take the three seat in that court  comens de term sanct trin will III in b r