christopher woodhouse John field and several other creditor of sir richard  comb plaintiff William cotton Esq richard comb Esq and other the heir and  trustee of the say sir richard comb defendant the personal estate of the  debtor and some of the good take in execution shall be bring into the personal  estate and to go in discharge of his debt in aid of his real estate sir  Charles comb be indebt to the plaintiff and other in the sum mention in the  bill and seize in fee of land therein mention do by his deed date in April  demise the same to his trustee the defendant for year in trust that by  mortgage or sale thereof they may raise money to pay his debt mention in a  schedule to the say deed annex the surplus after debt pay to be to he and his  assign and the say trustee to reconvey unto he or they what shall remain  unsold after debt pay the trustee enter on the premise and possess themselves  of the personal estate but refuse to pay the creditor pretend that after the  say demise sir Richard convey the inheritance to they so that the term of year  be merge and that by this second deed other trust be declare for some other  creditor and debt not mention in the former schedule which the plaintiff  insist be a breach of the former trust therefore they have exhibit this bill  that the trustee m a sell and account for the profit since the say deed of  trust and for so much of the personal estate which come to their hand and that  the plaintiff may be pay their respective debt with interest the defendant  confess the deed of trust in April but that at the seal and delivery thereof  sir Richard declare he owe no more than what be comprise in the say schedule  except only some debt which be secure on his copyhold estate report tempt  finch that the defendant soon after the execution of that deed of trust take  up several sum at interest set forth in a account annex to their answer and  afterward discover several other debt owe by sir Richard and not mention in  the say schedule and that the freehold estate be entail by his father and  thereupon sir Richard soon after the say deed of trust levy a fine and declare  report tempt finch er p the use thereof c on purpose to bar the estatetail and  to destroy the say deed of trust and afterward the defendant by the direction  of sir Richard prepare another deed of trust in may next follow the date of  the same deed by which the defendant be to stand seize of the premise in trust  for the payment of the debt in the first schedule and other debt since  discover which be insert in another schedule to this last deed annex but that  sir Richard will not execute this deed because some debt mention in this  schedule be secure on his copyhold land but the trustee say that they  afterward trade up their account and deliver the same to sir Richard who  approve thereof by subscribe his name and that they find other encumbrance to  which the TrustEstate be liable they can procure purchaser whereby the  plaintiff may be secure of their debt and as to the personal estate they deny  that they ever receive any part thereof at the hear this Cause the plaintiff  by their counsel insist that the defendant have break the trust by their  accept the new deed of trust whereby the former deed be merge and this without  the consent of the plaintiff or any other the creditor of sir Richard for who  they be entrust and that the debt in the first schedule ought to be pay before  the debt mention in the other schedule to which it be answer that there be a  apparent intention that all the debt in both schedule shall be pay as far as  the estate will go to pay and that it do not appear the trustee have do any  thing in breach of their trust the court be of opinion that the trustee be not  guilty of any breach of trust but decree they to account for what they raise  or receive out of the estate convey to they as aforesaid and therewith pay the  debt mention in both schedule except such debt which be secure on the copyhold  which shall bear their own burden and shall be exclude out of the account as  not be include in the trust report tempt finch and the real encumbrance be to  be satisfy accord to the due course and order of law and the rest of the  ScheduleDebts be to be pay in proportion as far as the estate will extend the  personal estate to be account and to come in aid of the real estate towards  satisfaction of the say debt and it appear that some good be take by the  sheriff in execution for a debt due to one Cowley it be decree that shall be  bring into the account of the personal estate and it be order that the trustee  shall be allow all just and necessary charge expend by they in the execution  of the say trust Vernon chancery case er p Vernon chancery case volume case  argue and adjudge in the high court OF chancery original publish by order of  the court from the manuscript of thomas vernon esquire three edition Vol I