case ashton versus ashton novemb S c p wms see page v young lr Eq a devise to  his nephew b pound south sea annuity to be lie out in land and settle on the  plaintiff c and by codicil take notice of it give pound to the same use and  make b his executor and die possess of a large personal estate but have only  pound in south sea annuity this be a specific legacy and this court will not  decree the deficiency to be make up out of the other personal estate Joseph  Ashton by will give to his nephew Henry Ashton and two other person the sum of  pound south sea annuity upon trust as soon as convenient may be after his  death to sell and lie out the same in a purchase of land to be settle on the  plaintiff for life remainder to his issue and afterward by a codicil date  three day after take notice that he have give his trustee such a sum give  pound to be lie out in land to the same use and make his nephew executor the  testator die leave a very considerable personal estate but have only pound in  annuity at the time of the will make the question be whether it shall be make  up pound or whether only the testator specific fund pass by the will it have  be decree at the roll to pass nothing but what the testator have in south sea  annuity Lord chancellor this be a specific legacy the testator have give pound  south sea annuity stock have at that time but pound and if a man devise a  thing which he have not it be not such a estate as a court of equity can  relieve against if in this case he have actual have as much as he devise but  before his death have sell a part it have be a ademption for so much but here  be no ademption for he have no more than pound no more can pass specific  legacy be different in their nature from all other for if there be a  deficiency of asset there shall be no abatement of the case tempt Talbot  specific legacy and on the other hand if the testator so partridge v partridge  post alien any part of it or the whole the legatee have no claim on any other  part of the estate and in this case this be a specific legacy and the testator  not have so much at that time no relief can be give to the legatee it be a  mistake in the testator but such as can be help here if a man through a  mistake devise the inheritance of a estate which he real have not this court  can put the devisee in a better condition than the will have leave he nor be  this to be compare with the case in Leon where it be hold that if one devise  his land in such a place and have no land but only tithe in that place the  tithe shall pass for otherwise there will be nothing to satisfy the devise but  if one devise his land express they to be of the value of pound and they prove  to be worth but pound this court can make no addition for be a specific devise  of the estate the devisee must take it as he find it This case seem to have be  determine upon the testator direct the pound south sea annuity to be sell and  the produce thereof to be lie out in a purchase of land which strong imply  that the testator only intend to give the south sea annuity which he be  possess of and that he do not mean to have additional annuity purchase in  order to be sell out again present afterward and so affirm the decree Reg lib  a fol et vide p will S c Hinton v pink p will partridge v partridge post purse  v Snaplin atk in which Lord Hardwicke express his approbation of this case  Avelin v ware Ves Drinkwater v falconer Ves Sleach v Torrington Ves hambling v  Lister Ambl Rep ashburner v Macguier bro Charles Rep which recognize the  material authority upon this subject case tempt Talbot er p