case wainwright versus BENDLOWES Lord chancellor Dec Eq can ab pl pale yellow  Eq Rep pre Ch S c a devise his feefarm rend to be sell for the payment of his  debt and the surplus to go betwixt his heir at law and his young brother  devise his household good to go with his house and the residue of his personal  estate to his sister the personal estate shall not be apply to pay debt in  ease of the real estate Thomas Bendlowes devise his feefarm rend to be sell  for the payment of his debt and the surplus arise by sale after debt pay he  devise to his brother John his heir at law and to his brother Philip and to  his brotherinlaw wainwright and will his household good shall go along with  his house and devise the rest and residue of his personal estate to his sister  wainwright and make her executrix the question be whether the personal estate  shall be apply to the payment of debt in ease of the feefarm rend Lord  chancellor a difference be to be take where a estate be to be sell out and out  for payment of debt and where only the debt be charge on it and the estate  make liable to the debt and cite Feltham case Le v and the present case be the  strong because the surplus arise by sale after debt pay be not to go Vernon  chancery case er p to the heir but be devise away and beside here the debt be  great the devise of the personal estate will come to nothing which be at law  deem the worst construction that can be make of a will and therefore decree  the debt to be pay in the first place out of the money arise by sale of the  feefarm rend and the personal estate only to come in aid of the fund if  deficient Vernon chancery case and the surplus of the personal estate to the  sister the executrix the devise of the rest and residue of the personal estate  to her be to be understand what he have not otherwise devise by his will  videlicet the household good to go with the house and not the residue after  debt pay Reg lib b fol vide full on this point the case cite in not to  Clowdsley v Pelham ante Vol and in confirmation of the doctrine result from  those case the duke of Ancaster v mayor bro Ch Rep Watson v Brickwood Ves  Hancox v abbey Ves