case Charles and other against andrews if executor pay specialty debt secure  on the real estate out of the personal estate of the testator the simple  contract creditor shall have the security S c Eq Abr this be a bill bring  against the heir and executor of John Andrews decease by the plaintiff who be  his creditor on simple contract for a account and to have their debt pay the  case be thus the executor of this John Andrews have pay away his personal  asset in satisfy debt by specialty which be a lie at law on his real estate  and by the constant course of this court where such debt be discharge out of  personal asset as these be in case of the land then the creditor by simple  contract shall stand in the place of the creditor by specialty to have their  debt satisfy out of the land and so it be decree in this case and that the  land shall be sell for that purpose and the heir who be a infant to join in a  conveyance within six month after he come of age but as to the sale of the  land another question arise and that be that the widow of the say John Andrews  may keep to that jointure which be settle on her before marriage and  relinquish her dower or at least be oblige modern report to choose one and to  relinquish the other and that she may not have both for though the jointure  which she have by her marriagesettlement be not express to be in bar of her  dower yet it be the rule of this court that she shall not have both the court  be of opinion that if she be a party to the settlement and of age at the time  of her marriage and it be express that her jointure shall be in bar of her  dower then she shall be bar but if it be not so express it shall never be aver  to be in bar of her dower and so be Vernon case a dyer a S c bendl S c   a and  so be the case of Laurence v Laurence a Eq Abr Eq Abr Freem vern brown case  parliament a in the house of lord in the year where it be so hold though the  settlement be in consideration of a portion in marriage but it do not appear  the party intend it shall be in bar of dower which be a different  consideration from that of a marriageportion therefore nothing but a plain and  express intention of the party shall bar the right of dower b see Tinney v  Tinney atk villan real v Galway   light b Pearson v Pearson bro c c b it be  true this court have go so far as to confine a widow to her election which to  take where a term for year be settle on her in jointure in bar of her dower  though no chattel interest can bar her dower at law or within the statute but  in regard she express consent to accept such a interest for her jointure this  court will not admit her to have both then it be insist for one atkins who be  a creditor by article make between he and the say John Andrews for the  purchase of part of his land that if the creditor upon simple contract shall  now stand in the place of the creditor by specialty that it may be without  prejudice to his demand and that he may have a specific performance of the  article it be true the say John Andrews sell the same land to one crop but  after the article be execute for sale thereof to the say crop be give the  vendor seven hundred pound for leave to relinquish his bargain and modern  report er p thereupon those article be make void by which it appear that it be  a very extravagant bargain for otherwise so great a sum will not have be give  to relinquish it and it be insist on behalf of the defendant that a  extravagant bargain ought not to be carry into execution in a court of equity  to which it be answer that atkins the purchaser under these article will  likewise relinquish the same upon the modern report payment of the seven  hundred pound to he for since John Andrews have get so much money by crop it  be but just that atkins shall have that money or a specific performance of his  article and the court be of that opinion but in regard the defendant be a  minor and by consequence can make no election therefore the court decree a  specific execution of the article make between Andrews and atkins for that the  sale thereof by virtue of those article and in consideration of so much money  to be pay for the purchase be a separate and specific lie on those land and  this by the constant course of this court and for so much of the purchasemoney  to be pay as the land shall fall short to answer the say atkins be shall come  in as a creditor by specialty on the other land therefore it be decree that  all the land riot settle in jointure or which may be in dower to the widow  shall be forthwith sell and that the infant shall join in the conveyance  within six month after he shall be of age and the master to take a account of  all the debt and that the same shall be pay in proportion and if the land now  to be sell shall not be sufficient to pay all the debt then the reversion of  the widow jointure or dower shall come in aid thereof to satisfy what shall  remain unpay