case Horrell executor of tipper plaintiff William Waldron and three of his  child infant defendant Eq can ab pl S c Feb a personal legacy give to a infant  more proper cognisable in chancery than in the ecclesiastical court Tipper  give the three child pound to be pay within a year after his death the  executor bring his bill and set forth that neither of the child be ten year  old and that the testator die about a year since and that the plaintiff be  Willing to pay the so as he may do it safe and be well discharge and  indemnified and complain that the father sue he in the consistory court to  force he to pay the pound to the father without give the plaintiff any  security against the child their father be a butcher and the plaintiff insist  he can not be well discharge but by a decree in this court where care will be  take to secure the money for the child and for the plaintiff indemnity and  discharge the defendant demurrer for that this matter be proper determinable  in the consistory court where the matter Vernon chancery case depend it be for  a legacy and that it be proper cognisable there Vernon chancery case er p but  the Lord chancellor declare the suit be proper here and that if the matter  have proceed to a sentence in the ecclesiastical court it be proper to come  here for the executor indemnity and that here legatee be to give security to  refund but not there and where legatee be pay and afterward the asset fall  short they be decree to refund to a unsatisfy creditor anon post et vide Noel  v Robinson post and case cite in note there and this court will see the money  put out for the child and so overrule the demurrer but without cost Reg lib a  fol the spiritual court can oblige a guardian to pay interest for infant money  in his hand though they will compel he to give security but this court will do  both Nicholas v Nicholas pre Chan FR v stat g c S legacy give to infant may be  pay into the bank of England see also stat g c Whopham v Wingfield Ves