case short versus long consider and explain in re sander Davies Ch d consider  in re Bawden Ch refer to Ker v Ker ir r Eq Lord chancellor Feb Eq can ab pl p  wms S c a devise his real estate to his son for life remainder to his first c  son in tail with remainder over and devise a lease to his daughter and die not  leave asset to pay debt the son and daughter shall contribute in proportion  each estate be liable at law and the testator intention equal between both the  testator devise his real estate to his son for life and to his first and other  son in tail with remainder over and by the same will devise specifical a  leasehold estate to his daughter and make his son executor the asset fall  short to pay debt the question be whether the deficiency be to be charge upon  the real or upon the leasehold estate Vernon chancery case Lord chancellor  decree the deficiency to be bear equal in proportion to the value of each  estate the feesimple estate devise to the son be liable to debt by specialty  by the statute against fraudulent devise and the leasehold although specifical  devise be liable to debt and both be devise the intention of the testator  stand equal between the devisees and both estate be liable each ought to  contribute its proportion vide S c better report p win and a full statement of  the case and the decree from the register book by Mr Cox in a note to the  report of the principal case there and note it there appear that the  deficiency to fall in average upon the land of inheritance go only as to  specialty debt and say the real estate shall never be put in average with the  personal Warner v hay W Kel vin ab pl vin ab pl so where settlement to pay  pound per and to the heir and afterward to raise pound apiece for young child  to be pay to they accord to their seniority yet when deficiency in asset the  young child shall all be pay in average brathwaite v brathwaite ante vol where  issue and jointress claim under the same settlement jointress shall contribute  with the heir to pay off prior encumbrance carpenter v carpenter ante vol et  vide as to land devise to the heir and land also devise to a stranger both it  be think must contribute in proportion by where some land descend to the heir  and other land that the will may not be disappoint note to chaplin v chaplin p  wms and where one seize in fee of the manor of a and b mortgage a for pound  and by his will charge all his real estate with his debt and devise a to c and  b to d and die the devisee of a shall compel the devisee of b to contribute to  pay the mortgage on a but if the will prove void then no contribution carter v  Barnardiston p wms so where bankruptcy and bankrupt bind joint and several  contribution decree between the joint and separate estate the former have pay  beyond its proportion of a debt to the crown under a extent Roger v Mackenzie  Ves and it be a general principle of law that where one surety pay the whole  debt there shall be a contribution say arg sir Edward deering v Lord  Winchelsea in the exchequer and pillage v gardener that Dec cite in Roger v  Mackenzie ub sup so upon the same principle wright v hunter Ves in the case of  Vernon chancery case er p tenant in tail of estate subject to encumbrance  prior tenant in tail have suffer a recovery of and sell part and have exchange  other part the land take in exchange not subject to contribution but the whole  of the encumbrance must be bear by the remainder of the estate Kirkham v smith  ves so Lloyd v Johnes Ves as to contribution as between legatee vide brown v  Allen ante vol as between real and personal estate Clowdsley v Pelham ibidem  Howel v price p wms as between tenant for life and remainderman Cleat v  Batteson ante vol p and case cite in not there respective and as to the  jurisdiction of equity it be consider as the most conclusive inasmuch as there  may arise great difficulty in settle the proportion and clear that the  jurisdiction of court of law do not oust that which belong to equity wright v  hunter Ves Vernon chancery case de term S the number three in curian porter