case gibson and ux all plaintiff mary Scudamour a infant by her guardian digby  and coat defendant S c Sel Cas t king Eq Cas Abr dick see Att Gen v ailesbury  App Cas in court Lord chancellor Sel Cas in can S c if one covenant to stand  seize to the use of his son in tail with remainder over and suffer the land to  descend this be a equitable performance of the covenant Chan Cas Nels Fol Rep  in canc vern jane Scudamour devise the residue of her personal estate after  payment of her debt and legacy to her daughter mary price in trust to invest  the money in a pur mosely report er p chase of land to be settle on the say  mary price for life remainder to Lord Scudamour and his heir jane Scudamour  die and the surplus of her personal estate amount to eight thousand pound some  time after mrs price lie out three thousand pound on a purchase of land in  Norton Lord Scudamour die before any estate be purchase with the trust money  leave mary Scudamour the defendant his only daughter and heir mrs price by her  will bequeathe several legacy to the plaintiff and make mary Scudamour who be  also her heir executrix and devise the land in Norton to her in fee and also  the residue of her personal estate after payment of debt and legacy and  appoint the defendant coat executor during the minority of mary the plaintiff  mosely report who be the legatee file their bill against mary Scudamour and  coat for a payment of their legacy and that the estate devise by mrs price to  mary may be consider in equity for the value as a satisfaction of the eight  thousand pound that by this construction all the part of the will will be  satisfy and there will be asset sufficient to pay all her debt and legacy with  a residue to miss Scudamour that mrs price be entitle to the estate to be  purchase for her own life and mary Scudamour to the remainder in fee as heir  of Lord Scudamour this devise of the Norton land to the say mary in fee be art  equitable execution of the trust for the value of the say land if one covenant  to stand seize to the use of his son in tail with several remainder over and  he permit the land to descend to he this be a performance of the covenant in  equity because the son may settle the land accord to the limitation that by  make mary Scudamour residuary legatee it be plain mrs price think there will  be a surplus whereas if the say devise be not take as part of the trust money  the asset in not be sufficient to pay the legatee five shilling in the pound  there be no mention in mrs price will that she devise those land to mary in  part satisfaction or that they be purchase with part of the trust money nay it  appear from mrs price book that the trust money stand out on mortgage and  other security after the make the say purchase yet the Lord chancellor find  this the only way to satisfy all the clause of the will decree that the real  estate so devise shall be take as a satisfaction pro tanto and that the pound  and interest from the death of mrs price shall be deduct out of the pound vern  his lordship declare that it be now settle in equity that if the debtor leaves  his creditor a legacy equal to his debt that shall be take as a payment and  that specific legatee shall not abate in proportion with pecuniary on a  deficiency of asset Nels vo Rep in can a legacy equal to a debt be consider as  a payment salk case case vide post case case specific legatee shall not abate  in proportion with pecuniary Chan Cas Chan Rep vern vern Chan Rep Chan Rep  Nels Fol Rep in can mosely report if the petitioner set forth in his bill that  he reside in another kingdom or upon affidavit of his live abroad the court  will make a order on a motion for the plaintiff to give security to a SixClerk  to pav the cost before the defendant be oblige to answer his bill