case in chancery gore against black whether the overplus of the profit of a  term devise out of a inheritance in trust to pay debt to the executor who be  residuary legatee do belong to the heir or executor the case be state by order  come this day to be determine and in effect it be thus a by his will whereof  he make b his executor devise inter alian that b shall take the rend and  profit of his land of inheritance for fifteen year in trust to pay his debt  and upon other trust and after several particular legacy bequeathe ill the  residue of his good and chattel to b his executor it fall out that all the  debt be pay and all the trust perform and there be a overplus of the fifteen  year beside what be sufficient to pay the same case in chancery er p the  question be between the heir and the executor of b who shall have the  remainder of the fifteen year after the debt pay and trust perform for the  heir it be say there be a difference between this term be out of the  inheritance and a bare chattel and that the overplus of this term be out of  the inheritance shall attend it and there be not any intention in the testator  to give the executor the profit for fifteen year otherwise than to make  provision for payment of his debt and those other trust and that the end be  satisfy the residue of the term do cease and return to the inheritance but for  the executor it be insist that the fifteen year be a term and then the devise  of the residue of the good and chattel do pass curian the term be in the  devisee and there pass a interest and if it have be devise the executor shall  take the profit for fifteen year and then the appoint the debt to be out of  the profit and the other trust do not alter it so conceive the residue of the  term belong to the executor and not to the heir and so decree yet quaere and  note this quaere be well make for that in all doubtful case the heir be to be  prefer before the executor for wherever land be give or devise to pay the debt  c the heir after payment make shall have the land can case also if a lease or  devise be make for year by one seize in fee for the same purpose after debt  pay the remainder shall go to the heir though not so express and though in the  case of a executor Ventr and wherever a term be create out of land for a  particular purpose the overplus shall go to the heir salk and how far a heir  be to be favour in equity see the new case in equity page vern