case Harper all plaintiff John lee a infant by his guardian lambeth all  defendant in court Lord chancellor I give all my house lease tenement and good  whatsoever to my wife for life and then to my nephew all my book and all my  mathematical rule by this devise the nephew be entitle after the death of the  wife to the book and mathematical rule and instrument only if the testator  leaves all his relation twelve penny apiece or twelve penny and no more his  executor shall have the surplus not dispose of by his will see post case case  case case vern vern salk case Chan case Mod Thomas lockwood make his will  inter all in these word I give and bequeathe all my house lease tenement and  good whatsoever to my dear wife Margaret mosely report er p lockwood for term  of her life and then to my nephew Harper lockwood all my book of geometry  architecture and survey and all my mathematical rule and instrument and as to  any person who may have any claim or demand as relate to I I give they twelve  penny each and I make Margaret lockwood my executrix Thomas lockwood die and  Margaret prove his will and take upon herself the execution thereof Harper  lockwood devise all mosely report his interest under the will of Thomas to the  plaintiff and die Margaret assign the lease now in question part of the  premise devise to her to the defendant Lambeth and other in trust for herself  for life remainder to John lee the defendant and soon after die two question  arise upon the will of Thomas lockwood first what pass to Harper lockwood and  the Lord chancellor be of opinion that Thomas lockwood have devise in general  all his house lease tenement and good whatsoever to Margaret for life and that  Harper lockwood after her death shall have such a parcel of his say good  videlicet his book and mathematical instrument and the word hear that plain  meaning that he be entitle only to the say book and instrument the counsel for  the plaintiff argue that Harper lockwood be executory devisee after the death  of Margaret of all the house lease c and that a comma and a and be want after  the word then to my nephew Harper lockwood and that the will shall be read  thus videlicet I give all my house c to Margaret for life and then to my  nephew lockwood and all my book c which latter clause they construe as a  additional immediate devise and that Margaret herself understand the word in  this sense because she deliver he the book and instrument immediate after the  death of the testator second allow the lease do not pass as a executory devise  to Harper lockwood to who the residue of the say term shall go after the death  of Margaret and the Lord chancellor declare that Margaret as executrix be  entitle to it by law and that she have assign over the whole term in her  lifetime it belong to the defendant Lambeth as survive and that his title can  not be divest by the next of kin for they be debar from claim the residue by  the express word of the will by which the testator give they twelve penny  apiece as be adjudge by the house of lord the that of march in the case of  Vachell versus Bretton where his child bring a bill against his executor for a  account of the surplus of his personal estate not dispose of by his will  whereby he give to his daughter a all his good and plate pound to his son b  mosely report and S and no more to his son W and S and no more to his wife  daughter p and make c and d executor and give they pound each but make no  diction of the residue and a account be decree because the leave they  particular legacy do not debar they of their title to the residue but this  decree be reverse in parliament in favour of the executor title at law because  the testator by express word have bar W and p of any claim to the surplus by  leave they S and no more