a creditor shall make legatee refund when asset become deficient though there  be no provision make for refund per Lord Chan in Noel v Robinson vern Hodges v  Waddington vent S p Newman v Barton vern S p so where a be indebt to b make c  his executor and c waste the estate and die have devise several legacy and  make d executor which legacy d pay and b have exhibit a bill against d the  executor of c for his debt due from the first testator and against the legatee  in the will of c to compel they to refund their legacy there not be sufficient  asset of the first testator it be decree accord Anonymous vern that a creditor  shall follow the asset in equity into who hand soever they come vide Tewnian v  Barton vern one legatee shall compel another to refund where the asset become  deficient though there be no provision make for refund a Noel v Robinson vern  but if the executor be solvent and he voluntary pay the legacy the unsatisfy  legatee may come upon he and oblige he to pay it out of his own purse vintner  v pix l Chan Rep Tilsly v Throckmorton Chan can and therefore the executor be  always to be make a party to the suit nelthrop v hill Chan can Hixon v Wytham  vent a will Rep S p if the defect of asset arise by the waste of the executor  in such case the legatee who have recover his legacy shall not be compel to  refund but shall retain the advantage of his legal diligence ibidem if a  executor pay out the asset in legacy and afterward debt appear of which he  have no notice at the time of payment of the legacy he by a bill in equity may  compel the legatee to refund nelthrop v hill Chan can if he have be compel by  a decree in equity to pay the legacy he may make the legatee refund Newman v  Barton vern per cur but if a executor voluntary pay a legacy or assent to the  devise thereof he can either in favour of other legatee horned owl creditor  compel the legatee to refund vide Newman v baton vern Hodges v Waddington Chan  can Noell v Robinson Chan Rep Chan can S c vern S c but for this salk title  executor and administrator letter a d OF the time OF payment OF a legacy if a  legacy be give to a child Payable at twentyone and the child die before though  his administrator shall have the legacy yet he must wait for it till such time  as the child if he have live will have come to twentyone anon vern but if it  have be Payable to the infant with interest Q sander case cit ibidem say if  the legacy be to be pay with interest lot shall be pay to the administrator  present but if a legacy be devise to I S to be pay at twentythree year of age  and if he die before to go over to a and b and I S die a infant the legacy  shall be equity case abridge er p