case lloyd against Stoddart in chancery Nov executor have a legacy shall be  consider a trustee for the next of kin if a executor die the effect  unadministered shall not go to his executor but to administrator de good non  of the first testator in trust for his next of kin lib Reg b foe Lord  chancellor in give his opinion in this case which he say be clear videlicet  that the executor have a legacy shall be consider as a trustee for the next of  kin ambler er p observe that the executor do not always take the whole  personal estate even at law for if a executor die before he have administer  the effect unadministered shall not go to the representative of the executor  but to the administrator de good non of the testator in trust for his next of  kin N B Mr Wilbraham express himself to I great dissatisfy with this opinion  notwithstanding it agree with the case of the attorneygeneral v Hooker wms and  say it have be determine otherwise and that it shall go in trust for the next  of kin of the executor and put the case of choose in action belong to the wife  which go to the husband see Scriven v Tafley post Salway v Salway post and  though he die before he have possess they yet if her next of kin take out  administration he shall be trustee for the representative of ambler the  husband but I do not think that case parallel for the husband do not take as  executor what he possess but be entitle on all on the death of his wife see  foster v Munt vern Southcot v Watson atk Holford v wood Ves Abbott v Abbott  Ves king v Dennison I v b in Langham v Sanford Ves Martin and rebow bro c c  Newstead v Johnson atk so also will two or more executor have equal legacy  Lord Bristol v Lord Hungerford pro Ch S c p W cite and in note Farrington v  Knightley p W may v levuin cite p W Nesbett v Murray Ves Gibson v Rumsey v b  petit v smith p W lane v Wrothinlane July hill ms Nicholas v crisp post but if  there be several executor and they have unequal legacy they will not be  thereby bar of their legal right to the residue Blackburn v Feast Ves Bowker v  hunter bro c c Basbridge v Woodroffe atk Wilson v Ivatt Ves so Griffith v  Hamilton Ves Rawlings v jenning Ves neither will legacy to one of two or more  executor exclude either from the surplus Colesworth v Brangain pre Ch mason v  Hawkins bro p c bishop of cloyne v young Ves nor will a gift which be only a  exception out of another legacy exclude the executor from his legal right  because it be necessary for the testator to make such exception express it be  not inconsistent with the intent that the executor shall take Griffith v Roger  bring Ch Hoskins v Hoskins ib Newstead v Johnson atk lady Granville v duke of  Beauford p W see Langham v Sanford Ves but the circumstance of the next of kin  have legacy give they by the will will not raise any presumption in favour of  the executor Andrew v clark Ves Russell v Carlessen July hill ms the fact of  this case as they appear from lib Reg be as follow the testatrix by her will  give several legacy amount to pound include a legacy of pound to the defendant  jane Stodart who she appoint her executrix and do not dispose of the residue  of her personal estate the testatrix die possess of considerable personal  estate and leave the plaintiff her sister and the defendant jane Stodart with  the other defendant her nephew and niece her only next of kinJane Stodart  prove the will and get in the personal estate the bill be file against her for  a account and that she may be declare a trustee of the residue for the benefit  of the next of kin the decree direct a account of testatrixs personal estate  and as to the clear surplus of the say testator personal estate after payment  of the debt and legacy it be declare that the defendant jane Stodart be to be  consider in this court as a trustee for the next of kin of the say testatrix  and it be order that such surplus be divide into two equal part one part  thereof to be pay to the plaintiff and the other to be divide equal among all  the defendant all party to be pay their cost out of the estate ambler er p