case greaves versus Powell all Nov where a estate be subject by will for  payment of debt and legacy question be whether the debt shall have a  preference Vid decree No former entry be find the statement in this appear  extreme confuse the follow be the substance of it so far as it can be make out  the cause come on this day for rehear the testator by his will have charge his  real estate with payment of a legacy of pound to one Charles Powell and then  devise his say real estate to be sell for the payment of his debt and legacy  and on a former hear that February it be order that the say estate subject to  such charge shall be sell and that the money raise thereby shall be employ in  the payment of the say testator debt and legacy and on a rehear on the  petition of one of the defendant who state himself to be a creditor for pound  it be refer to the master to take a account of the say testator personal  estate and the profit of the say real estate and the value thereof and also to  see what the testator debt and legacy be and how much the same then amount to  and whether the estate be sufficient to discharge the whole and that the say  defendant shall come in as a creditor for what money he have pay more than he  have receive and be pay the same before the legatee shall be pay their legacy  and that the say Charles Powell be desirous to come in before the master to  have his say legacy of pound pay c he and also some other creditor and legatee  be direct to come in before the master to the same purpose and that such  creditor and legatee pay their proportion of the expense of the suit shall  come in before the say master and have the benefit of the say decree it  afterward be discover that the estate will fall short to pay the debt and the  say legacy to Charles Powell and also a annuity of pound to be pay to the say  plaintiff and charge on the say testator real estate another petition for  rehear appear to have be present by the say plaintiff and Charles Powell they  insist that in such case their respective legacy ought to be pay in the first  place and which accord come on the that Nov above mention but the decree be  make on a compromise Reg lib a fol vide ante p S c gosling v Darney ante vol p