case sayer versus sayer Eq Abr pl pl Vernon S c pale yellow Ch pale yellow Eq  Rep Eq Abr pl vezey vezey case tempt Talb atk these be authority respect  bequest of stock in the fund how far specific or otherwise a devise of all a  man personal estate at such a place a specific devise thereof and not to be  bring in to make up other pecuniary legacy a man by his will give all I be  personal estate in Wanstead except his bed and bed to I S and after devise  pound out of the personal estate and his house in cannonstreet to the  plaintiff who now bring this bill for a discovery of asset and to charge the  whole personal estate with the payment of his legacy and it be prove in the  cause that the testator at his death be possess of a coach and horse at  Wanstead and that there be likewise some arrear of rend due to he at his death  out of land in Wanstead it appear likewise that the testator have a personal  estate beside that at Wanstead to the value of about pound and beside the  house in cannonstreet the first question be whether the devise of his personal  estate in Wanstead be not such a specific devise thereof as to exempt it from  come in aid of the other personal estate towards payment of this legacy  precedent in chancery another question be whether the coach and horse and the  arrear of rend at Wanstead pass likewise as part of the specific legacy my  Lord chancellor decree that the personal estate at Wanstead be not to be apply  towards payment of the pound legacy first because it appear that the testator  have a personal estate over and above that at Wanstead to the value of about  pound and his intent seem plain to charge that only with the legacy not have  devise it out of all his personal estate whatsoever or wheresoever or insert  any word to show that his whole personal estate shall stand charge with it dly  because have such other personal estate to the value of about pound which he  may presume sufficient to answer that legacy yet as a supplement and to aid  the deficiency of it in case that shall fall short he have likewise charge his  estate in cannonstreet with it which show that he intend to provide for it out  of some other fund and not out of his personal estate in Wanstead which he  have before specifical give to another but the case may so happen that a  specific legacy shall be Chargeable with the payment of a pecuniary legacy as  in this case after he have precedent in chancery er p devise his personal  estate at Wanstead if he have likewise devise his personal estate at such  another place and then devise such pound legacy out of his personal estate and  die leave no other personal estate than in the two place before mention this  pound legacy must have come out of his personal estate at large in both place  though otherwise pecuniary legatee be general to abate in proportion where the  personal estate not specifical devise fall short to answer their legacy and  shall have no aid of the specific legatee to make up their pecuniary legacy  especial if they be devise general and at large without say out of his  personal estate or out of all his personal estate precedent in chancery  whatsoever or word to that effect and it be agree clear that this devise of  his personal estate at Wanstead be as much a specific legacy of it as if he  have enumerate the several particular of it it be likewise decree that the  coach and horse be part of his personal estate at Wanstead where he live for  since there be no other period for fix the time when a devise shall take place  but the instant of the testator death and you can say that what he have a week  or a fortnight or any other time before his death shall pass rather than what  he have at any other time therefore in case of a personal estate which be  fluctuate and change the instant of his death be the only time to ascertain it  and we have no other rule in equity for the construction of will than what be  at commonlaw and here at his death the coach and horse be at Wanstead so for  the arrear of rend they be part of his personal estate at Wanstead for they be  issue out of land there and be there and no where else and for the objection  that the devise of his personal estate at Wanstead shall carry only his  household good because he thereout except his bed and bed which as urge be a  argument of his intent to pass only thing of the same nature of those he have  except this be look upon as a objection of no weight at the bar and the court  take no manner of notice of it