case Dagley versus TOLFERRY report of case in equity under the name of Dawley  v belfry Eq can ab pl payment to the father as guardian of a legacy give to a  child ill though the testator by parole on his deathbed direct it accord to  the report of Philips v paget atk Lord Hardwicke express his dissatisfaction  with this decision a have a sister who have four infant child do by will  devise pound apiece to these infant child mention no time of payment and make  the defendant executor and die it be prove in the cause that the testator on  his deathbed give direction that the executor shall pay these legacy to the  father of the infant that he may improve the money for their benefit accord  the defendant the executor actual pay these four legacy to the father several  year after the young child come of age there be a account betwixt the father  and the young son and it appear the father be indebt to his young son in pound  include the pound legacy and that the son pass the account and accept his  father as debtor for the same which be urge as a agreement to the antecedent  payment that have be make of this legacy to the father also after the say  young son come of age he never make peer William any demand against the  defendant the executor so that there be a acquiescence for near fifteen year  it happen afterward that the young son be a bankrupt the commissioner make a  assignment of the bankrupt effect to the plaintiff in trust for himself and  the rest of the creditor and the plaintiff thereupon bring a bill against the  defendant the executor for this pound legacy and have a decree for the same in  regard the payment of the legacy to the father and guardian be ill and this  decree be make by sir John Trevor master of the roll a appeal be bring before  Lord chancellor Cowper who affirm the decree for that as he say if the same be  reverse it may encourage payment to parent and guardian in wrong of infant  child but it be think a hard case and the deposit order to be divide the  testator have direct the payment of the legacy to be make to the father of the  infant make the decree carry with it a great appearance of hardship for which  reason and because this particular be omit in the book refer to in the margin  the register book have be search from whence it appear that the case be here  right state and that great stress be lie on this circumstance in the petition  of appeal the principle upon which Lord Cowper think himself bind to decide  this case be rather more full state Eq can ab and see particular the  observation of the master of the roll on this case in Cooper v Thornton bro c  c by saint g c S executor be now enable to pay legacy give to infant or person  abroad into the bank of England in the name of the accountant general and see  g c