case fillip versus paget November a executor pursuant to a will pay into the  hand of the three child of Philips their legacy of pound each the old sixteen  the second fourteen and the young nine year of age at the time the father  embezilled the money bill brought?n for a repayment Lord Hardwicke hold at  first that as the executor make this payment to save a forfeiture of what he  himself take under the will he ought not to pay it over again but the next day  his lordship think it a doubIful point recommend it to the defendant to give  the plaintiff S something who agree topae in to be divide among the three  child they be order to release their legacy see Dagley v Tolferry p W Cooper v  Thornton bro Charles Rep Davies v Austen bro Charles Rep mrs paget by her will  give a legacy of pound to each of the three child of Mr Philips and make the  defendant her executor leave he the bulk of her estate provide he pay the  three legacy of pound within a year after her death pursuant to her will the  defendant within the time pay to the child own hand their legacy the old of  they be sixteen year old at the time the next fourteen and the young nine only  and in his answer deny atkins he know this money ever come to the father hand  but the child have now bring their bill against the defendant to be pay their  several legacy suggest that their father have imbeziled the money pay by the  defendant during their infancy and be insolvent and that this be a fraudulent  payment to the father and therefore it must be pay over again Lord chancellor  ask the counsel for the defendant if they know any instance where a executor  pay so large a sum as pound into the hand of minor have be allow such payment  indeed in case where the legacy have be very small the payment have be allow  by the court but in this case notwithstanding the sum be above pound yet as  the payment by the executor to the child themselves be so full prove and not  at all controvert by the plaintiff and their lose the benefit of it be owe to  the negligence and insolvency of the father I will not strain the rule of this  court to make a executor pay it over again especial as he make this payment to  save a forfeiture it be a express condition of his own take under the will  that he shall discharge their legacy within a year after mrs paget death  November the next day Lord chancellor say that upon look into the case he find  this a very doubIful point and unless the defendant will agree to give the  plaintiff something he will not determine it without take time to consider of  it the defendant upon this recommendation of the court agree to pay in pound  to be divide between the three plaintiff and each side be to abide by their  cost and it be make part of the decree that the pound be pay by consent atkins  er p of all party and his lordship direct each of the plaintiff upon receive  their respective share to release the legacy under the will the case of Dagley  for Tolferry Peer will pale yellow Eq Rep he say must have some other  circumstance for the rule be lie down too strict that in all case where  executor pay infant legacy to father in order to deter executor from such  payment they shall be pay over over again Lord Cowper confirm the master of  the roll decree but he seem even by this report of the case to have have a  remorse of judgement at the time for on look into the register office it  appear his lordship order the deposit to be divide between the party