case Farrington against knightly S c p win e r with note if a testator make  two executor and give they fifty pound apiece and bequeathe other legacy to  his relation the executor shall be trustee of the residue for the modern  report er p next of kin S c Prec Ch S c Peer wms S c Eq Abr the testator make  two executor to his will and give each of they a legacy of fifty pound apiece  he give legacy likewise to all or most of his relation and then there be a  surplus of the estate to the amount of about twelve hundred pound unexhausted  by debt and legacy the question be how this surplus shall go whether accord to  the statute of distribution or to the executor Parker Lord chancellor there be  several ancient law by which the estate of a intestate be make distributable  in a manner as it be now by the statute of car c so that law be in reality but  declaratory of what the old law be and yet which be very strange before that  statute the temporal court be use to prohibit the spiritual court when they go  about to compel the party to make a distribution in conformity to those law as  to the present case it be more material it may be that the law shall be settle  and know than which way it be settle the very examination of witness in the  case Littlebury v Buckley a vern a be a plain proof that the law be in this  point very unsettle modern report it may perhaps be of mischievous consequence  to overthrow the authority of the case of foster v mount b vern b and the  subsequent resolution find upon the authority of that though it be high  probable that if in the case of foster v mount the surplus have be less  considerable the resolution will have be otherwise but the executor be a  attorney and a stranger to the testator and the surplus very considerable it  seem to be a very gross absurdity to suppose that the testator can ever intend  to give away so very considerable a surplus from his relation to such a  executor he further observe that this will carry with it the suspicion of be  unfinished and incomplete for want of the usual conclusion in witness whereof  I have put my hand and seal a very strong circumstance to induce a belief that  this surplus be never design for the executor he take further time to consider  of his decree c the Lord chancellor afterward deliver his opinion that the  executor have a express legacy of fifty pound each shall be trustee of the  surplus of the personal estate for the next of kin accord to the statute of  distribution see S c Peer wms Mr Cox note at the end of the case petit v smith  Peer wms and Carey v gooding brown c c c michaelmas term the six of George the  first in the king bench sir John Pratt Knt chief justice sir Littleton powys  Knt sir Robert Eyre Knt sir John fortescue aland Knt justice Nicholas Lechmere  Esq attorney general sir William Thompson Knt solicitor general note Pratt  chief justice be absent all this term be ill of a ague and fever