case ex part turner Lincolnsinn hall Michaelmas term Geo in the matter of  Hannaford a bankrupt in what case the court of chancery will not order a  bankrupt estate to be sell John Micklemore devise all his estate to a trustee  and his heir subject to the payment of all his just debt the trustee be indebt  to turner the petitioner in one hundred and seventy pound by bind on his own  account and after the death of his testator borrow two hundred pound more to  pay some of his testator debt and then make a mortgage of the trust estate to  turner for the whole sum of three hundred and seventy pound which be recite to  have be lend to pay the testator debt who will be recite in the mortgage the  trustee after this become a bankrupt and turner prove his debt before the  commissioner turner now petition the chancellor that the mortgage premise may  be sell for his benefit but the creditor of Micklemore the testator oppose it  insist that as the mortgage estate be devise for the payment of debt general  owe by the testator they upon the foot of the trust ought to have a equal  share with the petitioner the mortgagee and that if he lend money for the  payment of the testator debt as he have notice of the trust in the will he  ought to have see the money apply Hardwicke Lord chancellor where a devise be  general in trust or subject to pay debt the devisee may sell or mortgage but  he must pay the money to the creditor of his devisor but if he do not the  mortgagee be not to suffer for in case of these general devise he be not  oblige to see to the application of the money he advance but even in this case  inconvenience often arise for where the estate be equitable asset as it be  where it be accompany with a trust the creditor who have not specific liens  upon the land ought to come in equal and acquire step however modern report er  p if the trustee prefer one creditor to another where modern report he ought  not the remedy usual be against the trustee and not the lender of the money  for if the latter be to see the application of his money upon so general a  trust be can not safe advance his money without a decree in this court but  where the lender have be favour in this sort as not to be oblige to see the  application of the money be advance it have only extend to those case where he  have advance it on the account of the devisor debt only but here he have  advance money to pay the trustee own debt as therefore it appear that the  mortgagee have notice of the trust for it be recite in the very security to he  and know that part of the debt be the debt of another person and not of the  devisor he have not such a equity as will entitle he to relief and in all case  where a mortgagee be entitle to relief in this summary way of petition it be  where the estate be clear and proper the bankrupt own and not another person  or subject to a trust I must therefore dismiss the petition but without  prejudice to any claim the petitioner may have either at law or equity on the  estate