case tempt Talbot case Gifford versus Manley June approve brook v Harwood l I  Ch see holland v holland l r Ch n a and b be trustee under a deed by which  neither of they be to answer for the other a receive a sum of money under the  trust and give a write under hand and seal acknowledge it and that b have  receive no part of it a never place out the money and die this write be a  specialty and good against the executor but not against the heir of a he not  be mention in it by article previous to the marriage of Anthony Gifford date  the that of September the sum of pound be vest in two trustee Buckingham and  Jones to be put out at interest the interest to be pay to the husband and wife  during their life and the life of the survivor of they and after their death  then to such child of the marriage as shall be appoint by the survivor and in  such share and proportion as shall be appoint and it be further agree that  neither of the trustee shall be answerable for the act of the other the pound  be pay to Buckingham only who give a receipt for it and by write under his  hand and seal date October declare that Jones the other trustee have receive  no part of the pound but that he have receive the whole Buckingham die  intestate have never place out the pound accord to the trust but have keep it  in his hand till his death the question be whether this be to be look upon as  a simple contract debt only or whether as a specialty debt be under hand and  seal the master of the roll have decree it a specialty debt to affect the  executor only but not the heir he not be bind nor the declaration under hand  and seal extend to he and that the plaintiff shall stand in the room of such  other creditor as have be satisfy out of the personal estate in case of  deficiency it be now insist on that a acknowledgement though without the word  tender really to bind up if under hand and seal will create a specialty debt  because under hand and seal and to prove it be cite die a Ro ab bro debt cro  Elizabeth Blackst Com Benson v Benson p will degg v degg p will case tempt  Talbot Lord chancellor this without doubt be to be consider as a specialty  debt there be no other definition of such a debt but that it be under seal the  case which have be cite prove it there be one try at York before the Lord  Macclesfield where a man have give a note to a woman upon a consideration not  proper to be mention in the follow manner videlicet borrow and receive from  pound which I promise never to pay and he direct the jury to find for the  plaintiff will here be a contract that the trustee shall lie out this pound  and that one shall not be answerable for the other and as Buckingham have by a  paper under hand and seal acknowledge that he receive that estate he be become  answerable for the whole and not have lie it out as he be bind to do he have  break his covenant I have no doubt but that this be a specialty debt for  though breach of trust be indeed in some case consider but as simple contract  debt yet Vernon v Vawdry atk Strut v Mellish ibidem here it must be otherwise  by reason of the express acknowledgement under hand and seal that he alone  have receive the whole money and have receive it as trustee for the particular  purpose mention and so affirm the decree Reg lib fol