Anonymous, Harvard Law MS 1178-257-266

If an executor is appointed, it has been a question to whom the surplus of personal property after payment of debts, legacies &c belongs. Formerly, the executor himself was always considered a residuary legatee. But now, if any considerable sum, not appropriated to any particular purpose, is left to the executor, or if there can be collected from the will an intention in the testator that the executor should not take as a residuary legatee, the Court of Chancery will order a distribution, as in the case of an Administrator.