a man that have several creditor make his will and recite that for the payment  of his legacy and debt he devise such land to his executor then he give pound  to his wife and pound to his daughter c and say that his will be that these  several sum shall be pay out of money raise upon the sale of his land and the  value of the land fall short of the debt and legacy finch Lord keep hold that  the debt shall be pay before the legacy east Hickson and Witham Freem Rep Lord  keeper take a difference where land be convey by deed in trust for the payment  of debt and legacy there they shall go in Pari step and shall have  proportionable satisfaction and the debt shall have no preference but where  land be devise to a executor for the payment of debt and legacy this shall be  intend that he shall have they as asset because the testator shall not be  suppose without express word to be so unconscionable as to give his estate in  legacy and leave his debt unpay but if he devise land for the payment of  legacy only this shall not be liable to debt because it be in the testator  power to dispose of it under what condition and to what purpose he please and  if hp will make so unconscionable a will his lordship say he will not make a  better will for he and he agree that if he have devise that his legacy shall  be first satisfy and that then the remainder of the profit shall go to the  satisfaction of his debt that then the legatee shall serve before the creditor  but the name of legatee first as to say legatee and debt give no preference  but here his intention be apparent to provide for his debt and legacy though  the legacy be specify and his desire that they shall be satisfy yet it shall  be intend in course of law and that way that be most conscionable for the  testator but here his lordship say that there be a provision for the payment  of his debt there shall be no difference between bind and debt upon contract  but they shall be equal satisfy for beingjust debt there shall not be that  difference betwixt they upon a nicety of law that some shall have all and  other none ibidem see Chan can finch Rep