case Dux beaufort all versus dom Dundonald duchess beaufort ux he Jan Eq can  ab pl S c post case one devise to his son the furniture of his house at d and  order good to be carry from London to his house at d and agree with carrier  for that purpose but die before the good be remove to d these good shall not  pass by the will as part of the furniture of the house at d the duke of  Beaufort by his will make in devise to his son the plaintiff the furniture of  his house in the county of Gloucester and Monmouth and all his plate and leave  several other legacy make the defendant his wife sole executrix and residuary  legatee the fact fall out to be that the duke live about two year after the  make of the will and have before his death cause several room at badmington in  Gloucestershire to be measure and buy hang picture and other furniture design  to be put up there and have cause the same with other good he have here in  town to be pack up and put into case in order to be send down to badmington  and have agree with a bargeman for the carriage of they to Letchlade and with  carrier and farmer to carry they from Letchlade to badmington by landcarriage  but before they be remove from London the duke in die at badmington Vernon  chancery case the plaintiff bill be among other thing to have the good so pack  up and intend to furnish badmington and the question be whether they pass by  the devise of the furniture of his house in Gloucestershire and monmouthshire  or belong to the duchess as executrix and residuary legatee the cause be hear  at the roll and the duke be bill dismiss as to that demand and come on now  before the Lord chancellor on a appeal he affirm the decree that the testator  intention to remove the good to badmington and to place they there be not  sufficient to make they pass by the devise of the furniture of his house at  Badmington The word of the decree at the roll and affirm as above be as follow  whereupon c his honour declare that as to the say good claim by the plaintiff  and allege to have be buy by the late duke as the furniture for his house at  badmington and pack up in order to be send thither it appear by the will that  the furniture be give to the plaintiff the duke of Beaufort to go along with  the house and his honour conceive that the say late duke intend those good for  badmington and that by the proof in the cause it appear that they be pack up  and design to be send thither but the late duke die and the good never have be  there and there be no declaration in write touch those good his honour be of  opinion that those good can not be take as part of the furniture of or belong  to the house at badmington but that they belong to the defendant the duchess  as claim the residuum of the late duke be personal estate and do therefore  order that the plaintiff the say duke of beauforts bill as to those good do  stand dismiss Reg lib a fol vide Shaftsbury v Shaftsbury post decide on the  same principle and in ms case Grandison v Pitt hill before Lord Talbot Mr Pitt  have a house at Swallowfield in Berks and by his will give his good and  furniture in and at Swallowfield and belong to Swallowfield and he have  bespeak some furniture for Swallowfield but it be not carry down and determine  on the authority of the principal case that the furniture not carry down to  this seat though intend so to be shall not pass by those word Vernon chancery  case er p