case marsh versus crying Euhan Lord chancellor Parker Eq can ab pl one have  two son and a daughter by will give to each pound Payable at twentyone provide  if asset fall short to pay to legacy the abatement shall be bear out of the  son legacy testator leaves asset to pay which the executrix waste the daughter  legacy shall have the preference see anon ante anon I salk the testator have  two son and a daughter by his will of which he make his wife executrix give  pound apiece to his two son and pound to his daughter Payable at twentyone or  marriage with a proviso that if his asset shall fall short for the payment of  these legacy still the daughter shall be pay her full legacy and that the  abatement shall be bear proportionable out of the son legacy only the testator  leaves sufficient peer William er p to pay all the legacy but the executrix  waste the asset and by that mean only there happen a deficiency decree by the  master of the roll that the testator can never intend to make good the  daughter legacy at the expense of the son against the waste of the executrix  that the estate can not proper be say to fall short the testator leave asset  to pay all his legacy nor can it be presume he foresee his executrix will  waste his asset for then he will not have make her so wherefore this be a case  unforeseen be unprovide for by the testator and consequent the daughter ought  to abate in proportion but on appeal to the Lord chancellor this decree be  reverse peer William for that here be a plain preference give to the daughter  portion before those of the son and this case be within the word the estate  actual fall short to pay the legacy that as the testator have not restrain it  to any particular mean by which the asset shall fall short it must be take  general videlicet if by any mean there shall be a deficiency for shall the  damage be the same to the daughter who the father seem in all event to have  provide for with a portion of pound his lordship put this case suppose the  estate have after the testator death fall short through a loss by fire or by a  bad title on which money have be lend neither of which can have be foresee by  the testator sure both these accident will come within the provision of the  will and the daughter shall have her full portion of pound that it be the same  thing as if the testator have say his daughter portion shall be pay in the  first place and the construction which the other side will put on this clause  be to make no distinction where the testator have make a very plain one  wherefore let both the word and meaning of the will take effect that be let  the daughter have her full portion and the abatement be make only out of the  son legacy