c Pawlett ux v lady Morley lord herbert all S c Eq can ab Lord keeper executor  to distribute the lady Morley be executrix to sir Charles Morley and the  plaintiff have marry one of the daughter prefer his bill for a distribution  sir Charles Morley have make his will and his lady executrix give pound apiece  to his daughter and some jewel and other thing to his lady and one question be  whether my lady shall have the whole surplus as executrix for although it be  agree that as the law be now settle since the case of foster and Munt vern  that where a particular legacy be give and no disposition of the surplus there  shall be a distribution yet here it be insist upon that so near a relation as  the wife be executrix it can not but be suppose the testator intend her some  benefit by make her executrix but it be decree that she have a particular  legacy give shall distribute the surplus and so it be say it have be already  settle even in the case of a wife executrix in the case of Randall v  Bookey Prec in Charles but where a executor be make and no particular legacy  give nor any devise of the surplus then the executor shall have the surplus  and say it be hold in the case of sir Jo Packington and sir Cyril Wyche Br p c  fol ed and a portion for the plaintiff be to be raise out of the rend issue  and profit to be pay at eighteen or marriage it be decree that it shall be  raise by mortgage and so it shall be do in all case where the rend and profit  will not raise it at the time it become Payable and that even in the lifetime  of the father as where a estate be limit to the father for life and after a  term to trustee to raise portion if those portion become Payable the trustee  may be decree to raise it upon the reversionary term even in the lifetime of  the father See the lead case upon this subject collect and judicial comment  upon in Codrington v Lord Foley Ves by which the principle of the decision in  the text be confirm though it have be repeat lie down by successive great  judge that the court will lie hold of any word from which it can be fair infer  that it be not the intention to raise the portion during the life of the  parent but the intention fair inferrible may also lead to the opposite  conclusion see post c p and append c