Beavan CUTBUSH v CUTBUSH Jan Feb march SC lj Ch n S Jur see Owen v Delamere lr  Eq Fraser v Murdoch App Cas a testator direct his widow to carry on his  business until his young child shall attain twentyon and for that purpose give  her the entire use disposal and management of the capital stock and effect  which shall be in due and owe or belong to he in his say trade at the time of  his it was becoming and he authorize his executor to augment the capital  employ therei the executor renounce and the widow take out administration hold  that the specify property of the testator only be liable to the debt contract  by the widow in carry on the trade this suit be institute for the  administration of the estate of the testator Thomas Cutbush by his will after  nominate and appoint Alexander Randall and John Cutbush to be Beavan trustee  and executor thereof and after direct his say executor to pay and discharge  his debt funeral and testamentary expense out of his personal estate will and  direct that his wife Ann Cutbush shall carry on manage or conduct his trade or  business of a plumber painter and glazier at Maidstone until his young child  for the time be shall attain the age of twentyone year if his say trustee and  executor shall so long approve thereof and for the purpose of enable her to  carry on manage and conduct the say trade or business the say testator direct  that she shall during the same period of her carry on the same have the  occupation of the message or dwellinghouse in which the same be then carry on  and the entire use disposal and management of the capital credit stock and  effect which shall be then due owe or belong to he in his say trade or  business at the time of his it was becoming and he thereby authorize and  empower the trustee or trustee for the time be of that his will so long as his  trade or business shall be carry on by his wife as aforesaid from time to time  to augment or diminish the capital employ therein accord to the exigency  thereof and as they may in their judgement deem proper and after give several  pecuniary legacy the testator give and devise unto Alexander Randall and John  Cutbush all his real and personal estate upon trust to convert and invest and  stand possess thereof and of the clear gain and profit of his say trade or  business so by he direct to be carry on by his say wife as aforesaid upon  certain trust for his wife and child and he thereby declare that it shall be  lawful for his say trustee to sell and dispose of his say business if they  shall deem it most prudent and advisable so to do and to stand possess of the  money arise from such sale upon the same trust Beavan the executor decline to  act and administration be grant to the widow who after the death of the  testator continue to carry on the trade in the course of which she have incur  several debt to the petitioner and other person for good for the purpose of  the trad she have however dissipate the asset and become insolvent pound be  due from her to the testator estate and pound for debt incur by her remain  unpay the petitioner carry in their claim before the master to have the amount  of the subsequent trade debt as well as those contract by the testator himself  pay out of the testator asset the master however reject all claim for debt  which have be incur by the widow after the testator death the creditor who  debt have be contract by the widow subsequent to the death of the testator now  present a petition insist that they be entitle to be pay out of the testator  estate or at least to have the estate marshal so that they may stand in the  place of the testator creditor who have be pay by the widow out of the  property specifical direct to be employ in carry on the trade and which at all  event be liable for subsequent debt the petition pray that the master may be  direct to receive proof of the petitioner debt and that the same may be pay  out of the testator estate nun of the child have attain twentyone Beavan er p  Mr l Lowndes in support of the petition contend that the whole asset of the  testator be answerable for the debt incur in carry on the trade for the  benefit of his estate Beavan second that the widow have most probable pay off  the debt exist at the testator death with the asset which be clear liable to  the claim of the petitioner and even out of the produce of the good furnish by  the petitioner after the testator dear in which case he contend the petitioner  be entitle to have the asset marshal and to stand in the place of the creditor  so pay Mr Pemberton and Mr king Parker for the testator child contend that the  testator have limit the portion of his estate which be to be embark in the  trade and which portion alone be liable to the claim of subsequent creditor ex  part Richardson mad ex part garland Ves and see Thompson v Andrews Mylne king  be cite Mr Kindersley and Mr W c l keen for the widow the master OF the roll  Lord Langdale accord to my present impression I think the testator have not  embark more of his property in the trade than be therein at the time of his  death he intend to give a discretion as to augment it not to his widow but to  his trustee and executor it seem to I that any person deal with one carry on  trade must be take to rely on the personal liability of the party conduct I  but the security be not limit to the personal credit of the party where the  testator have direct the trade to be carry on with Beavan his asset without  authority in the will executor have no right so to deal with the property of  the testator and carry on trade with his asset a party therefore who rely on  the credit of the testator estate shall look to the will to ascertain the  extent to which the testator have authorize his asset to be embark in the trad  and if anyone have look at this will he will have see that it be limit to the  capital credit stock and effect which be due owe or belong to he in the say  trade or business at the time of his decease I will however look into the case  and mention it again perhaps in the meantime some authority may be find on the  point No further authority have be produce Feb the master OF the roll Lord  Langdale say I have look into this case and remain of the same opinion that  the petitioner who be trade creditor have no demand on the general asset of  the testator but only on that part which be specifical describe in the will of  the testator and which he direct his wife shall have the sole control of the  petitioner be entitle to a inquiry as to what have become of this portion of  the asset but it must be at their own expense