case webster versus webster at the roll Eq can ab pl devise of a residue of a  personal estate to three be a joint devise and shall survive one have by his  will devise the residue of his personal estate to three person the question be  whether these be jointtenants or tenant in common peer William er p it be urge  that by the civil law such a devise of a residuum will plain make a tenancy in  common and though by our law it will as plain make a jointtenancy yet all  matter legatory and relate to personal estate be to be construe accord to the  ecclesiastical law for the spiritual court have the proper jurisdiction of  these matter and it will be very inconvenient if the legatee by sue here shall  have one judgement and by apply to the spiritual court shall have another on  the other side it be urge that in this case it appear the executor have assent  to the legacy from which time it have become a legal property the same be  determinable accord to the rule of the commonlaw see Jones though bastard  versus Stukley vern lady shore versus Billingsley that this be a case of very  great and general concern and that it have be constant take for grant since  the abovementioned authority that where there be peer William a joint devise  of a residuum the residuary legatee be jointtenants and suppose it to be  otherwise if one of the legatee shall die in the life of the testator his  share will go accord to the statute of distribution as undisposed of to which  it be reply that though what have be say concern the legacy become a legal  property by the executor assent may be true in the case of specific legacy of  such and such particular chattel yet when the devise be of the residue of the  personal estate after debt and legacy and the charge of the executorship pay  as it be in the present case though the executor shall assent to this bequest  of the residuum yet until it appear that all the debt legacy and charge of the  executorship be pay it will be impossible to know what the residuum be and  consequent no property can vest the master of the roll say this case be of  great consequence for which reason he will take time to consider of it and  afterward give judgement that in this case the survivor shall take the whole  and retain it in equity in the same manner as if it have be the case of a  grant at law as to this case vide Jolliffe v east bro c c the like decree be  make by his honour in the case of Cray and Willis June Eq can Abr which see  also post within the reason upon which that resolution be ground peer William  de term S the number three