c anonymous lord commissioner executor have the residue of the personal estate  a man make his will and devise all the residuum of his personal estate to I ks  and to his wife nevertheless in trust for his wife and make the say I S and  his wife his executor after the make of this will and six month before the  death of the testator the wife die and then the testator die and the next of  kin prefer a bill against the executor to have a account of the personal  estate and insist upon it that I S be only a trustee and have no benefit  intend he by the testator but per tot cur the bill be dismiss for the law have  cast it upon I S by be executor and there appear no intent of the testator  that it shall be otherwise But it shall seem the intent of the testator be  sufficient manifest by declare the devise to be in trust accord to Lord  Hardwicke c in Graydon v Hicks atk the rule of this court be if there be any  declaration that executor be but trustee that the residue shall be consider as  undisposed it be evident from the context that by the word undisposed his  lordship mean that the executor can not take it beneficial again the same  great judge in bead v Snell atk observe here the executor be make trustee and  therefore from the nature of the thing can take nothing for their own benefit  see to the same effect cook v Duckenfield ibidem Bennett v bachelor Br be  still more express in point as to the circumstance of the present case though  diametrical opposite to it as to the decision in Pratt v Sladden Ves sir W  grant m r say if executor be appoint express in trust they can take beneficial  if it be not declare for who they be trustee the law ascertain that the trust  be for the next of kin in Langham v Sandford Meriv Lord Eldon c cite and  decide conformable to Lord hardwicke opinion in the bishop of cloyne v young  Ves sen that even a inchoate intention to appoint a residuary legatee exclude  the executor from take such residue and in mence v mence Ves it be decide that  a residuary clause though cancel be sufficient indication of the testator  intent that the executor shall not take the residue the case in the text  therefore seem overrule