case bachelor ux versus Searl Lord chancellor Jan Eq can ab pl S c one by will  give his executor a express legacy and make no disposition of the surplus the  court will admit of parole evidence to show the intention of the testator and  if prove that the testator intend the surplus to the executor he shall have it  notwithstanding his express legacy ante case William Allen to who the  plaintiff be sister of the half blood be a single man when he come to town be  often at old Searls house who have a daughter and four son and fall sick send  for parson Vernon chancery case a scrivener to draw his will and give legacy  of pound apiece to the plaintiff for mourning and also his horse to John Searl  and his wear apparel to his executor and make John and George Searl his  executor and pound apiece for mourning r l and make no disposition of the  residue or surplus plaintiff bill be to have the surplus as be his sister of  the half blood and next of kin parson who draw the will swear that the  testator give no particular direction as to the surplus but say the plaintiff  shall have no more will give no more away Lord chancellor the evidence of  parson fall in with the tenor of the will and his evidence take away the  presumption that he do not intend the surplus for his executor and this be a  much strong case than that of Littlebury and Buckley in the house of lord bro  p c S c and therefore dismiss the bill say these resolution do not thwart the  authority of those case where a money legacy give to a executor shall exclude  he from the surplus the presumption be that the testator do not intend he all  and some but such presumption may be oust or take away by a proof of the  testator intention that his executor shall have the surplus or that his next  of kin shall not have it and here the witness prove that the testator declare  his sister shall have no more shall not have the surplus the decree be so and  evidence appear to have be admit but to what point in particular be not state  Reg lib a fol vide foster v hunt ante vol p and case cite in not there et vide  the principal case better report in Eq can ab ub sup