case tip versus tip Lord chancellor Macclesfield Reg lib b fol one die indebt  by covenant more than all his personal asset can pay and leave real asset  sufficient the widow shall have her good paraphernalia in regard the creditor  do not suffer thereby there be real asset for he a by article before marriage  covenant for himself and his heir with the wife trustee to lie out pound in a  purchase of land to be settle on the wife for her jointure remainder to the  first c son of that marriage in tail male successive and die intestate without  issue leave asset in fee descend to his nephew who be his heir at law but the  personal estate be not near sufficient for the payment of his debt the widow  who be administratrix bring her bill against the heir to compel he to make  good her jointure and to have the deficiency of the personal supply out of the  real asset and have jewel c which be her good paraphernalia of the value of  pound and upward the question be whether they in the first place and in ease  of the real asset shall be liable to satisfy this covenant since good  paraphernalia peer William be personal estate and the rule be say to be that  all the personal ought to be apply in exoneration of the real estate Lord  chancellor I take it that good paraphernalia be not devisable by the husband  from the wife any more than heirlooms from the heir so that the right of the  wife to the good paraphernalia be to be prefer to that of a legatee Ro Abr the  court divide as to this point if the husband by his will give a lease or a  horse or any specific legacy and leaves a debt by mortgage or bind in which  the heir be bind the heir shall not compel the specific legatee to part with  his legacy in ease of the real estate but though the creditor may subject this  specific legacy to his debt yet the specific or any other legatee shall in  equity stand in the place of the bondcreditor or mortgagee and take as much  out of the real asset as such creditor by bind or mortgage shall have take  from his specific or other legacy vide Clifton v burt ante wherefore if a  legatee hall have this favour in equity much more shall the wife be privilege  with respect to her good paraphernalia which be prefer to legacy indeed be the  rule of equity otherwise a specific legatee shall compel the application of  the good paraphernalia to pay any debt in favour and ease of his specific  legacy whereas good paraphernalia be liable only to debt and in favour of  creditor not of a heir as to the right of the wife to stand in the place of  creditor who have be pay by mean of her paraphernalia vide tynt v tynt post  Vol two but any creditor by specialty be whole unconcern in this question they  be by reason of their bind c in all event secure which must make it  indifferent to they whether they be pay out of the real asset or out of the  good paraphernalia for still they be sure of be pay and put the creditor out  of the case the good paraphernalia shall be retain by the wife so the Lord  chancellor deny it to be a rule that in all case the personal be applicable in  ease of the real peer William estate for it shall not be so apply if thereby  the payment of any legacy will be prevent vide oneal v mead ante much less  where it will deprive the widow of her good paraphernalia so decree by the  Lord chancellor Macclesfield in the case of puckering and Johnson the same  term