case Popham against lady aylesbury Nov bank note pass as cash by a devise of  all that shall be in his house at his death so hold by Lord Hardwicke in  Southcot v Watson atk and chapman v heart Ves see what Lord Eldon say on this  case in Stuart v marquis of Bute Ves devise of freehold and leasehold estate  to trustee in trust by rend and profit or by sale or mortgage to pay debt and  legacy which his personal estate shall not be sufficient and subject thereto  in case t b shall attain in trust for he his heir and executor hold that the  rend and profit till t b attain be not undisposed of but pass by the devise to  the trustee and be after payment of legacy annuity and interest of the debt to  be apply to sink the principal of the debt see Bland v Bland cite post Gibson  v Roger post Genery v Fitzgerald Jacob lib Reg b foe nom Popham v Bathurst S c  hill ms tot verb Cause by consent at powis house the late earl of Aylesbury  devise all his freehold and leasehold estate whatsoever except the house be  inhabit to his wife the defendant the earl of Oxford Mr Popham and other and  their heir executor and administrator respective in trust by and out of the  rend and profit thereof or by sale or mortgage to pay and discharge all such  of his debt and legacy as his personal estate shall not be sufficient to pay  then he give his lady his house in warwickstreet for the remainder of the term  he have therein with all that shall be in it at his death and afterward give  to his aforesaid trustee all his freehold leasehold and personal estate  whatever except his say house subject to his debt and legacy to the use of  they their heir executor and administrator in trust if he shall have one or  more son who shall attain the age of twentyone for such son as shall first  attain that age his heir executor and administrator respective and in case he  shall have no son who shall attain twentyone and that his nephew Thomas Bruce  brudenell shall live to attain that age then in trust for his say ambler  nephew his heir executor and administrator with remainder to several other of  his nephew and kindred upon their attain with remainder over to his say right  heir l r then he direct his trustee out of the rend and profit of his real and  personal estate to allow such maintenance as they shall think proper for such  son as he shall have during his minority and if no son then for the  maintenance of Thomas Bruce brudenell during his minority and so for the  maintenance of every other person entitle to take the earl of Aylesbury die  without any son his personal estate be not near sufficient for payment of his  debt and legacy and his nephew Thomas be about at the earl death there be in  the house at his death bank note to the value of pound and pound in cash  ambler er p among other point submit to the judgement of the court be the two  follow saint it be contend for the heir at law that the surplus profit of the  estate after payment of the annuity leave by the will and the interest of the  debt be undisposed of until Thomas shall attain and consequent the heir  entitle to they upon the question of result trust for the heir at law see lake  v lake post but the court hold this a complete devise to the trustee of the  whole interest until Thomas shall attain and that the surplus profit after the  legacy annuity and interest of debt pay and after what shall be allow for the  maintenance of Thomas shall be apply to sink the principal of the debt note it  be order that what shall be remain of such rend and profit after what shall be  allow for maintenance of say Thomas b shall be apply in payment of so much of  testator debt encumbrance legacy and annuity give by his will as his personal  estate shall not extend to satisfy l r d the next question be whether the cash  and bank note shall pass to lady Aylesbury under the word with all that shall  be in it at his death and it be hold that they shall bank note be the same as  ready money otherwise of bind and other security they not be cash but only  evidence of so much money due and will not pass by these word roof t S p foe  Southcote v Watson June and William v William there quote