case fielding versus bind of Mars in court Lord keeper charitable legacy by  the civil law be to be prefer to other legacy a man by his will have devise  several legacy and among other pound to a charity and the spiritual court be  of opinion that though the estate fall short and will not satisfy all the  legacy yet that the entire pound ought to be pay to the charity in the first  place and not in average or proportion with the other legacy the plaintiff  exhibit his bill set forth that the estate be deficient and will not satisfy  all the legacy and that the spiritual court notwithstanding will compel the  plaintiff to pay this pound for the charity without have any security to  refund and the plaintiff for that reason now move for a injunction to the  spiritual court but it be now deny by the Vernon chancery case Lord keeper who  say the civil law be the law by which legatory matter be to be determine and  that the spiritual court have unquestionable the proper jurisdiction thereof  vide Harvey v Aston atk attorneygeneral v pile ibidem where chancery and the  spiritual court have a concurrent jurisdiction this court will not hinder the  spiritual court be first possess of the case from proceed in it Nicholas v  Nicholas mich pre Ch et vide archer v moss post vol Nelson v Oldfield ibidem  and if by their law there be a preference give to charitable legacy he have no  power to alter the law in that point and therefore refuse to grant any  injunction or to direct security to be give for refund in case of deficiency  of asset Reg lib a fol say vide jenner v Harper arg pre Ch Tate v Austin p wms  master v master ibidem attorneygeneral v Hudson ibidem attorneygeneral v robin  p wms but in that case a legacy of pound to the poor of the parish consider as  funeral and not liable to abatement the court look upon they as dole at the  funeral by these case it appear to be establish that legacy to a charity on  deficiency of asset be to abate in pro portion as well as other pecuniary  legacy and the court will not marshal asset in favour of a charity legacy so  as to give it effect out of the personal chattel it be void so far as it touch  any interest in land mogg v Hodges ves SC Cox attorneygeneral v Tyndal Amb SC  Eden foster v Blagden Amb Hilliard v tailor ibidem such dict Middleton v  spicer bro Ch Rep foy v foy Cox ridge v Morrison ib attorneygeneral v burst  Cox Makeham v Hooper bro Ch Rep but the doctrine of marshal in this respect  seem rather to depend upon the authority of the case than the reason of the  thing ibidem Vernon chancery case er p Vernon chancery case de boundary  paschae car two in curian porter