case oneal versus mead see in re butler Ch at the roll Eq can ab pl one have  mortgage his feesimple estate devise his leasehold to a and his feesimple to b  and die leave no other personal estate the devisee of the feesimple must take  it cum load and shall not charge the leasehold estate specifical devise with  the mortgage one seize of a real estate in fee which he have mortgage for  pound and possess of a leasehold devise the former to his old son in fee and  give the latter to his wife and die leave debt which will exhaust all his  personal estate except the leasehold give to his wife peer William the  question be whether there be as usual a covenant to pay the mort peer William  er p gage money the leasehold premise devise to the wife shall be liable to  discharge the mortgage Obj the personal estate be the natural fund for debt  and accord to the decree make by his honour in sir Peter soams case where the  father the mortgagor die intestate and leave a mortgage upon his real estate  make by himself the personal estate be apply to pay off the mortgage whereby  the young child be leave destitute so by the same reason in this case the  leasehold though specifical devise to the wife yet be personal estate must be  liable to pay the debt due by the mortgage especial in favour of the heir who  otherwise will be very slender provide for and in a worse condition than his  young brother but the master of the roll after take time to consider of it and  be attend with precedent decree that as the testator have charge his real  estate by this mortgage and on the other hand specifical bequeathe the  leasehold to his wife the heir shall not disappoint her legacy by lie the  mortgage debt upon it as he may have do have not be specifical devise and  though the mortgage premise be also specifical give to the heir yet he to who  they be thus devise must take they cum load as probable they be intend that by  such construction each devise will take effect see the case of long v short  ante videlicet the leasehold estate go to the devisee thereof and the heir  enjoy the freehold though subject to the burden with which the testator in his  lifetime have charge it and this resolution do not in the least interfere with  that of Clifton and burt ante because in the latter there be no mortgage so  tip v tip post Davis v gardener post Vol rider v wager ib chaplin v chaplin  post Vol peer William de term paschae