case BROMHALL versus Wilbraham a by will give all his personal estate to his  three sister equal to be divide between they and be indebt by simple contract  bind and mortgage give his real estate to his four son Chargeable with his  just debt and make his sister his executrixs the personal estate shall be  apply in exoneration of the real especial as one of these fund must be exhaust  Ralph Wilbraham be seize and possess of a real and personal estate dispose of  the same by will in manner follow I give all my personal estate whatsoever to  my three love sister equal to be divide among they and I give my real estate  to my four son Chargeable with the payment of my just debt and after make his  three sister his executrixs the testator die indebt by simple contract bind  and mortgage the master of the roll decree that the personal estate shall be  first apply towards payment of all the debt and that the real estate ought to  come in only to supply the deficiency in case there shall be any from this  decree the executrixs appeal Mr solicitor general for the appellant say on the  face of the will it appear the testator intend his real estate shall be first  apply to the payment of his debt and that though be can not with respect to  creditor prevent they from take advantage of the legal fund yet since he have  original a power to direct out of which of his estate his debt shall be pay  and he have provide another fund for that purpose this court will so marshal  the asset that his intent may take effect and though in this case his sister  be make executrixs yet they do not take as such for the direction in the will  be that the personal estate shall be equal case tempt Talbot divide among they  which be in a manner different from what they can have take in as executrixs  for that will have be joint it be the common doctrine of this court that the  hres factus Gower v mead Prec in Chanc shall have the same benefit of the  personal estate in discharge of the real as the hres born yet when the  testator have subject the gift to the payment of debt then it ought transire  cum load Mr Peer William and Mr Fenwick on the same side cite vern in the last  of which case the Lord keeper say a express devise shall not be defeat by  apply the personal estate to pay off a mortgrage Mr will for the son the  testator be not oblige in law equity or conscience to make such provision for  his sister as he be for his child and it be the constant practice to allow  they the same favour as creditor it be a rule that where a person be make  executor and come to the personal estate in that right it remain liable to be  apply for the payment of debt in exoneration of the real estate though the  latter be charge by the will so it be where the personal estate be devise to  one by name who afterward be make executor in the will vern these two case do  not go so far as the present case because there be no charge on the land by  the will but by the mortgage only but vern be full as strong he observe that  the word in the will be Chargeable which he say be not so strong as if the  word case tempt Talbot er p charge have be make use of for the former may  refer to the failure of the personal estate vern vent be cite by Mr stracy on  the same side Lord chancellor king here be no clause to charge the real estate  at all event the word be Chargeable the natural construction of a will where  the testator give all his personal estate to one who he make his executor be  that the personal estate must go to the creditor and the gift must be intend  after debt pay the testator case tempt Talbot have make his real estate  subject in case the personal estate fail the decree be affirm n b in this case  the real and personal estate be much of the same value and the debt must have  exhaust the one or the other fund so that have the judgement of the court be  otherwise the man child will have be leave without any provision vide ante and  reference also forester v Lord leigh Ambl Rep de boundary paschae geo two in  curian porter