case Hoskins versus Hoskins follow Pym v Lockyer my Cr Kirk v Eddowes hare  turner v turner lt n S ante post freeman vern Ventris wms wms case tempt Talb  strange atk atk atk e contra Eq Abr pl vern wms atk atk brown Rep those mark  thus be case where evidence of the intention be admit a by will give to his  son and afterward buy he a cornet of horse employment for pound which sum be  prove he intend to strike out of his will hold that the pound shall go in  diminution of the pound sir John Hoskins by will among other thing devise to  his young son Henry Hoskins pound and afterward buy he a cornet of horse  employment and pay pound for it and it be prove to be intend this pound shall  be discount out of the legacy and that he will strike so much out of his will  as soon as the account come from London to he but die before they come without  alter his will per curian this money pay for the say commission shall go in  diminution of the legacy and be take in payment and satisfaction of so much  another point be sir John by his say will devise the use of his household good  to his wife during her widowhood arid make her executrix during her widowhood  and if she shall die or marry he appoint his son and heir to be his executor  he also devise some curiosity and rarity to remain as heirlooms in his family  and the question be if the widow who have this legacy of the use of the  household good during her widowhood shall have the precedent in chancery  undisposed surplus of the personal estate or if it shall be distribute accord  to the statute of distribution my Lord keeper be of opinion as this case be  she shall have the surplus for she have but a limit executorship and though  this court have distribute the surplus where the executor have a legacy on a  suppose intention of the testator that he intend he no more yet here it can be  intend so as to exclude the heir when his executorship shall take place for as  to the heirlooms that appear to be give to another intent and not to exclude  he from the surplus neither shall the wife in this case be exclude