Charles price plaintiff and Elizabeth morgan and herbert crying Euhan  defendant see Garth v cotton dick marriagesettlement Giles Morgan on the  marriage of Cicely his daughter to Thomas price father of the plaintiff agree  to pay to William price father of Thomas mark for her portion and William  price the grandfather of the plaintiff be to settle land on Thomas and Cicely  the settlement be make and all the portion pay but S d which Giles Morgan do  keep in his hand because the JointureLand of Cicely be encumber William price  to who the pound be due make his will and thereby declare that pound shall be  pay to Henry his young son in trust to take off the encumbrance on the land  and make Henry and whether his executor and die year case in chancery mich  Thomas find the land not discharge exhibit his bill case in chancery er p  against Giles Morgan his fatherinlaw who owe the pound and Henry who be to  receive it and therewith to clear the estate that the pound may be pay and the  land discharge to his bill Giles in his answer do confess the pound to be  unpay and that he be ready to pay it on clear the encumbrance the Cause go on  to publication but before hear Giles die and make W Morgan his executor but  yet Thomas bring on the Cause to hear against Henry and William Morgan  executor of Giles present in court as the order at hear recite that William  Morgan consent to pay the pound whereupon it wasdecreed the that of October  car that sir Edward salt take the account what be unpay of the portion and a  course direct for take of the encumbrance and if William Morgan will keep the  money in his hand any long he be to pay interest a report be make and a decree  draw up Thomas price die and Henry price die Charles price pay the encumbrance  out of his own estate and take Administration of Henry price estate and of  William William Morgan executor of Giles devise by his will several land to  his executrix Elizabeth and to Herbert Evans defendant to be sell to pay his  debt the plaintiff pray satisfaction out of the personal estate of Giles and  William Morgan and out of the land saint much debate arise whether the bill be  a bill of revivor or a original for after so long time the Lord chancellor on  hear the Cause it be then represent as a revivor order a dismission but on  second hear it appear to be a original bill and the decree set forth but as  evidence dly but dismiss Herbert Evans who be no executor but devisee of land  to sell to pay debt for his lordship declare that such provision to pay debt  do not extend to debt of the first testator Giles nor to make satisfaction out  of the land if William Morgan executor of Giles have waste the estate personal  of Giles to the value of the debt and so it become the debt of William in  equity and he while he live liable in equity to make satisfaction to the value  of so much as he have waste and in consequence case in chancery the land  devise to be sell for payment of debt ought to be liable Lord chancellor  although by the commonlaw when the executor waste his executor shall not be  liable because it be a personal wrong it be otherwise here and the commonlaw  will come to it at last and therefore whatever estate of gyles be come to  Elizabeth or to the hand of William which William her testator waste the  personal estate of William in the hand of his executrix shall answer but the  charge or duty which fall upon William by waste the estate of gyles be not  such a debt as be within his will when he will his land to be sell for payment  of his debt for it be not proper a debt by contract but a debt or duty arise  ex crime which I hold not within the meaning of his will therefore dismiss the  bill as to Herbert and let the other defendant executrix account accord to  these direction Moseley and maynard case be cite at the bar