case car versus car upon a appeal from the roll march a father a freeman of  London who have leave a son a legacy of pound on his application two year  after the will be make give he pound and take a receipt for so much in part of  a legacy and a short time after the father give he the other pound and take a  receipt from he in full of what be intend he by the will the testator die  without alter his will Lord Hardwicke hold the pound must be consider as a  advancement and bring into hotchpot the bill be bring by John car a child  advance with pound by his father in his lifetime who be a freeman of London to  be let into his share of the customary part upon bring the money so advance  into hotchpot and that Charles car another child of the freeman may not be let  into the customary share without bring his pound likewise into hotchpot  Charles car who be the principal defendant in this cause make this case that  he have a legacy of pound leave he by his father will aad the residue of the  testamentary part be give to his sister and another person the residue be give  to Charles car and his sister that he ought to have the preference in the  testamentary part and the residuary legatee take subject to his legacy it  appear in evidence that Charles car two year after the will be make come to  the testator and say it will be of advantage to he to have it in the lifetime  of his father upon which he give he pound and take a receipt for pound in part  of a legacy intend he by the will and a short time after give he the other  pound and take another receipt from he in full of what be intend he by the  will the testator die without make any alteration at all in his will the  plaintiff counsel insist that it must be take as a advancement of Charles and  can be a legacy for nothing can be a legacy which be give in the lifetime  because the will be entire under the control of the testator who may have aid  his money out in land or revoke the legacy and therefore must be consider as a  advancement and bring into hotchpot Mr Murray for the defendant insist that it  can be look upon as the payment of the legacy but only accelerate in the  lifetime of the father and notwithstanding be receive it in the lifetime be  yet entitle to pound from the dead man share and the rest of the freeman child  have no right to interfere because they have nothing to do but with the  customary share atkins this be a dispute start chief by the residuary legatee  of the dead man share but insist either that it shall not be consider as a  advancement and then Charles car be entitle to the legacy or if it be a  ademption of that e legacy as to the dead man part that then he shall come in  upon the customary share without bring the pound into hotchpot Lord chancellor  here be pound give to Charles car under his father will atkins er p if it  stand upon that foot it be undoubted a legacy but two year after the I be make  upon the son solicitation the father at two different payment give he the  pound and take receipt the consequence of this be that it will have be a  satisfaction of the legacy in the case of a common person Biggleston v grub  ante note but the testator be a freeman of London and have no wife one moiety  belong to the child and the other moiety be the dead man part so that if  Charles car have not take the pound in the lifetime of the freeman he will  have be infallible entitle to the legacy out of the dead man part but it have  be insist on by the other child that this be a advancement and that if Charles  will claim any share of the customary part he must bring the pound into  hotchpot suppose Charles legacy have not be release where a freeman of London  give a legacy general to a child the legatee can take the legacy and claim his  customary part too unless the testator express mention that the legacy shall  come out of his testamentary share and this be the establish rule of the court  so Frederick v Frederick p W contra babington v greenwood p W I be of opinion  Charles pound must be bring into hotchpot for it will be a most mischievous  thing and a fraud upon the custom if it be otherwise his lordship declare that  the payment of the pound be a ademption of the legacy and the same ought to be  consider as a advancement and ought to be bring into hotchpot Reg lib a fol  for then a freeman may give a great sum of money to one child by his will and  afterward take a receipt for it as a legacy and if I be only to consider it as  a legacy release out of the dead man part and therefore not to be bring into  hotchpot this will be a indirect method contrive by a freeman to lessen his  customary share in favour of one child to the detriment of the rest so for  this reason I think if a freeman give a gross sum to a child whether by way of  advancement or upon a child release a legacy intend under his will in the  freeman lifetime that money must be consider as a advancement and bring into  hotchpot atkins the residuary legatee of the dead man part who be the sister  of Charles car and another person insist the pound receive by Charles in the  freeman lifetime ought to be take as a satisfaction of the legacy but  notwithstanding this court be compel by the custom to say this be a gross sum  and a advancement and that Charles must bring the money into hotchpot upon the  customary share yet it be insist there be a equity for Charles to have so much  out of the surplus of the dead man share before it be divide between the  residuary legatee as he may suffer by bring his pound into hotchpot upon the  customary share but I do not know whether it will not be better for this court  to determine that the defendant Charles car shall bring his two hundred pound  at all event into hotchpot and take his fate there whether he shall get any  thing or not by so do without allow he the liberty of come upon the dead man  share to the prejudice of the residuary legatee for so much as he shall suffer  by bring the two hundred pound into hotchpot but his lordship reserve the  consideration whether the defendant Charles be entitle to any and what  compensation out of the surplus of the dead man part for so much as he shall  suffer by bring the two hundred pound into hotchpot till it come back upon the  master report Reg lib a fol because it be say by counsel it be doubIful  whether there will be any surplus after the legacy charge upon the dead man  part be pay it be apprehend they will exhaust the whole