case bring versus bring note this case cite lady Gainsborough v Lord  Gainsborough post to show that though all the executor answer as above yet  that the executor say one executor there by mistake who confess the trust be  examine and their examination read against the other executor who deny it et  vide as to a defendant be examine as a witness for plaintiff nightingale v  Dodd Amb refer to in re Fleetwood Sidgreaves v brewer Ch d die Mercury April  one by will make a b and c executor in trust and give they a legacy of S  apiece for a remembrance above their charge parole proof admit that this be in  trust for the wife only post case the case be a man make his will and a b and  c executor thereof in trust and for a remembrance and over and above their  cost and charge he give they twenty shilling apiece Vernon chancery case er p  Vernon chancery case the bill be bring by the wife allege that her husband  design and often declare that she shall have the benefit of his personal  estate but she be age and infirm he make the defendant executor in trust for  her one of the defendant deny the trust the other two confess it and it be  insist by the defendant who be adversary that though the will do call they  executor in trust and though it may be collect from the will that the executor  be not to have more than twenty shilling apiece yet it be not say for who the  trust be and therefore it shall be take to be a trust for all who may come in  and have benefit by the statute for distribution of intestate estate and not  for the wife alone per cur the will declare that the executor be only in trust  and not declare for who the person may be aver and two of the executor have by  their answer confess the trust and it be likewise full prove that it be the  intent of the testator and that he declare it a trust for his wife decree the  trust for the plaintiff with cost against the adversary defendant because his  defence deny the trust and insist on the statute of fraud be true as well as  unjust the will so far as the same be state in the register book be as follow  John bring the plaintiff late husband be in his lifetime possess of a  considerable personal estate do on or about the d day of Oct make his last  will in write and take notice that he have not in his lifetime make any  competent provision for the plaintiff his wife and that he have a estate and  term in a house and tenement call Clayland house and of and in diverse close  of land particular mention in the will do bequeathe and declare that in case  the plaintiff shall survive he that she and her assign shall enjoy the rend  and profit of the premise for so long as she shall live in case the term  continue and then to his nephew and bequeathe to the plaintiff the use benefit  and profit of his household good and particular bequeathe that the close call  priest wood and the tenement call gibson Blacklands or glanviles ground in  Honiton shall be sell by his executor in trust towards payment of his debt  that he shall owe at the time of his death with provision that in case he pay  his debt in his lifetime then the plaintiff be to enjoy the land during her  life and give his executor S apiece Reg lib b fol vide fane v fane ante Vol  foster v Munt ante vol and case there cite