case roberts versus bennet e contra eoden die a devise pound to b and by will  release to b all debt and demand and afterward lend b pound whether this pound  be release by the will Bennet devise to the plaintiff a legacy of one hundred  pound and by his will release her of all debt and demand Vernon chancery case  and after the date of the will lend her one hundred pound the plaintiff bill  be for her legacy the defendant have a cross bill to be satisfy this hundred  pound Vernon chancery case er p the question be whether the will shall  discharge this last hundred pound without any new publication and the case of  Northcot and Northcot be cite for that purpose if a man devise all his  personal estate that be a fluctuate thing and though the estate after the  publish the will increase all passes and so be bret and Rigdens case Plowd so  Gayre v Gayre post master v master p wms wind v Jekyll ibidem all soul coll v  Codrington ibidem say quaere as to chattel real bunter v cook salk per cur if  the executor can recover it at law he may we will not take away his remedy if  any he have nor will give he any aid in equity and therefore decree payment of  the legacy and dismiss the cross bill the decree be not correct state it  appear from the answer of the plaintiff in the original bill to the cross bill  that the testator have be in the habit of maintain or give sum for the  maintenance of the plaintiff from her cradle and the answer deny that pound  have be lend to her by the testator as above state but it admit that between  the date of the will and the death of the testator he have at various time  during that interval pay or give to her diverse sum of money amount in the  whole to upward of and the decree be in it all that the pound legacy together  with interest from the time appoint by the will for payment thereof shall be  forthwith pay to the plaintiff and dismiss the executor cross bill without  cost unless the say executor or either of they do or shall sue or molest the  plaintiff for the say pound pretend to be lend her by the say testator as  aforesaid and in such case the say Robert and Richard Bennet the executor do  and shall pay unto the plaintiff her cost to be tax Reg lib b fol vide fish v  Jesson ante