case mead versus hide Gower v mead pre Ch probable S c Sabbati Feb in court  lord commissioner a by will give pound to b and make he executor and give his  real estate to c pay his debt and legacy and in default of payment within such  a time the legatee and creditor to enter and to hold till pay and make no  express disposition of the surplus of the personal estate the personal estate  shall be apply in ease of the real one Davis by will devise several legacy  inter all twenty pound to John hide the defendant and make he executor and  devise his real estate to the plaintiff Vernon chancery case pay his debt and  legacy and if he do not pay the legacy in three month and the debt in two  month the legatee and creditor may enter and hold till satisfy the question be  whether the personal estate shall be apply in ease of the real estate the  court decree the personal estate shall go in ease of the real estate and  observe that the devise amount but to a charge upon the real estate and extend  not to avoid the estate in case of nonpayment and observe that in this case  the defendant have a particular legacy and there be no devise to he of the  residuum will do you much good and in case there have be no executor can any  one doubt but that the personal estate in the hand of the administrator shall  b apply in ease of the real estate though the real estate be make likewise  liable ut above and beside here the creditor have a bill and no one can  question but they have a right to be satisfy out of the personal estate if  they think fit to pursue it the Lord Maynard observe upon the evidence that  hide have draw the will say it be a rule in the civil law that who Himself to  put nothing heading the word of the devise be that say testator do give and  bequeathe unto the say Elizabeth mead the plaintiff all his land tenement  message house and bullaries of salt water whatsoever and wheresoever to hold  to her her heir and assign for ever upon condition she pay all his debt owe  and legacy bequeathe in his will Reg lib b fol vide Johnson v Milksopp ante p  Lovel v Lancaster post Vernon chancery case er p