case lord castleton versus lord fanshaw Eq Abr pl S c but not S p Eq Abr c c S  c one by will devise the surplus after debt and legacy pay to his wife and  make a and b his executor the creditor compound for less than their full debt  from a apprehension there be not asset but asset afterward come in on a bill  by the wife for a account of the surplus the executor will have let in the  creditor to the full debt which will have reduce the surplus to little but the  court will not set aside this composition the creditor have no bill for that  purpose the late Lord fanshaw brother to the defendant have by his will make  the defendant t e Lord fanshaw and other his executor and after his debt and  legacy pay devise all the residue of his personal precedent in chancery estate  to his wife now marry to the plaintiff the Lord Castleton this bill be bring  to have a account of the estate and the benefit of the surplus the executor  apprehend there will not be asset to pay the debt and there be a dispute about  a sum of pound whether it shall be account asset or not in equity and while  that matter be under debate it appear that without that money there be not  asset and be doubtful whether that money will be adjudge asset or not several  of the creditor compound with the executor to take less than their full debt  but in the year that pound be adjudge to be asset and the executor be desirous  that the creditor may have their full debt but that be oppose by the plaintiff  for that will have reduce the surplus to little and then insist that most of  the creditor debt be bar by the statute of limitation and that they ought not  to be pay at all but the defendant the executor will not plead the statute the  two point to be determine be saint whether the creditor who have make  composition for less than their full debt supposition of a defect of asset  shall now be hold to that composition when executor do not desire it precedent  in chancery er p dly whether the creditor shall be send to law to recover  their debt and the plaintiff be order to make defence in the executor place  and so be enable to bar they by plead the statute of limitation which the  executor will not do Lord chancellor I can set aside the composition the  creditor have make they have no bill for that purpose and only come in before  the master therefore they must abide by the composition but I can consent that  the statute of limitation shall be plead therefore their debt must be pay