Bowyer & al' contra Bird, 26 Car. 2. fo. 769.

THe Suit is to have an Account of a Legacy of 500 l. given by George Dale, Father of the Plaintiff Ann, to George his Son also Deceased, to whom the Plaintiff Ann was Administatrix, and to have an Account of the Residuary Estate of George the Father, after his Debts and Legacies paid, the Bill Charging, that George the Father, made his Will in Writing, and thereof his Son Thurston Dale, and one Da∣kin Executors; and upon Publishing of his Will, Declared Dakin only to be Executor in Trust for his Children, and to take no Benefit thereby; but the Estate to go to the Children, and Dyed, leaving the Plain∣tiff Ann, and three Sons, viz. the said Thurston, George and Robert Dale all De∣ceased, and that Thurston made the said Dakins his Sole Executor, and the Plain∣tiff Ann is the only Surviving Child of the said George Dale the Father, and claims the said 500 l. and the Residuary Estate.

This Court (it appearing by the said Will,* that the said Thurston, who was Na∣med Executor without any Trust, was Residuary Legatee of the said George Dale his Father, who had given by the said Will, considerable Legacies to every one of his Children) was fully satisfied, the Plain∣tiffs were not intitled to the said 500 l. nor the Residuary Estate; but that the said Thurston as Residuary Legatee, was well intituled to the Residue of the said Estate, and that the said Trust in Dakins ought to be Construed, as is most Consistent with the Will in Writing, and Dismist the Plaintiffs Bill.