case hatton versus nichol July the testator devise as to all his worldly  estate that his debt be pay within a year after his decease and then devise  his real estate to trustee for a term in trust for his wife for life remainder  to his son successive in tail male and give several legacy the real estate be  Chargeable with the debt in case the personal do not suffice Mr Nichol make  his will in the follow word and as to the worldly estate with which it have  please God in his abundant goodness to bless I I give devise case tempt Talbot  er p and dispose thereof as follow imprimis I will that the charge of my  funeral and all debt which shall be owe by I at the time of my death be just  pay and satisfy especial that due to my case tempt Talbot poor carrier which I  will shall be discharge out of the first money of I that shall be receive of  which I desire particular care may be take and I will that all my debt be  discharge within one year after my decease or so soon after as can possible be  perform in the register book the testator be not state to express himself so  but he mere direct all his debt to be discharge within one year after his  decease and then devise his real estate to trustee in trust for his wife for  the term of year if she so long live and after her death in trust for his  brother for year remainder to his first and other son in tail male and give  away several specific and pecuniary legacy the question be whether his real  estate be by these word Chargeable with the payment of his debt in the case of  a deficiency of the personal estate Mr solicitor general argue it to be a  plain charge upon the real as well as the personal estate which appear from  the provision that they shall be pay within one year and cite the case of the  earl of Warrington versus leigh where the real estate be hold to be Chargeable  though the word be not so strong as in the present case Lord chancellor the  debt be well charge upon the real estate in case of a deficiency of the  personal estate let a account be take of the testator debt and also of his  personal estate not specifical devise which be first to be apply as far as it  will go beg lib a Jol