case partridge v paulet February the that SC post vol rule where a husband be  leave sole executor in this case Lord chancellor lie down the follow rule  where a husband be leave sole executor he be entitle to the surplus and it  shall not be construe as a result trust if two tenant in common put out money  as joint executor it shall not survive but shall go respective to those person  who be the proper representative of each a devise of the rend and profit of a  estate to the husband for life without impeachment of waste shall not be  consider as annual profit only but will empower he to cut timber see the case  and   light b tenant for life pay one three of interest upon debt and legacy  and reversioner two three this conclusion be neither warrant by the above case  nor by the general rule in case of this kind see Saville v Saville post vol  Bridgman v dove post vol rivet v Watkins Ves Amesbury v brown Ves Tracy v  Hereford bro Charles Rep see post vol note l atkins er p it seem necessary to  state this case brief from the register book John ware devise land after  certain limitation which be determine to his two daughter Elizabeth and Sarah  in fee as tenant in common and give they pound equal between they to be raise  by the sale of timber he appoint Sarah and Elizabeth executrixs and residuary  legatee and die mary ware by her will bequeathe the residue of her personal  estate to her two sister the say Sarah and Elizabeth appoint they executrixs  and die Sarah be thus entitle to a considerable personal estate though the  same be not actual in her possession and to the moiety of a real estate upon  her marriage with the plaintiff partridge agree to pay he pound in  consideration whereof he by indenture date the d of June settle certain land  upon her and her issue previous to the marriage Sarah by indenture bear even  date with the last mention indenture reserve to herself the power of dispose  of all her real and personal estate except the say pound Sarah and Elizabeth  have at different time place out part of the money which they be entitle to as  aforesaid upon mortgage Sarah by virtue of her power devise her real estate to  trustee in trust for her child and in default of such issue the rend and  profit to be to the use of the plaintiff her husband for life sans waste she  appoint he sole executor and die without issue the plaintiff now bring his  bill when Eis lordship direct the master to take a account of the personal  estate of John ware decease a moiety whereof after payment of debt c be to be  consider as the personal estate of the plaintiff late wife Sarah and also to  take a account of the personal estate of mary ware decease and as to so much  thereof as be receive in the lifetime of say Sarah the master be to see  whether any act be do to sever the jointtenancy of such part and such part as  be receive by Sarah in her lifetime be to be a debt upon her estate and the  plaintiff be to account for what he have receive the master be also to take a  account of the personal estate of Sarah and to see whether say pound have be  pay to the plaintiff and so much as appear due for say pound and the surplus  of her personal estate after payment of debt c be to be pay to the plaintiff  the defendant be to account or the rend and profit of the real estate devise  to the plaintiff for life and those rend and profit be to be apply in the  first place to keep down the interest of the surplus of Sarah debt and the  residue to the plaintiff the plaintiff be to hold the premise devise to he  accord to his wife will subject to the order of the court but not to fall  limber without leave of the court unless for necessary repair and boot Reg lib  b fol the master now make his report whereby he report that part of the  personal estate of mary ware after certain payment have be receive by and  divide between Sarah and Elizabeth in the life time of the former that the  plaintiff receive pound on Culfields mortgage who with his wife give the  defendant a note promise to be Accountable to they for one moiety thereof with  interest from the receipt until they have make over their share in Newlands  and Crowthers security that it do not appear such share be ever make over that  no act except as aforesaid be do to sever the jointtenancy of such part of say  personal estate as be receive by Sarah in her lifetime but plaintiff insist  that such jointtenancy be sever by the deed of the d of June note it do not  appear by the register book what the content of this deed be except as before  state his lordship declare that the jointtenancy as to mary ware be personal  estate be not sever except as to CuIfields Newlands and Crowthers mortgage  which he decree to be equal divide between the plaintiff and the defendant and  his wife Reg lib b fol