chancery report turner contra turner car f the heir be decree to have a right  to a mortgage in fee and not the executor but now see Max Eq this settle  contra that the plaintiff father lend to Ayloff pound and at another time  pound for which Ayloff mortgage land to the plaintiff father and his heir with  proviso that on payment of pound to the say plaintiff father or heir then the  premise to be reconvey to Ayloff that the plaintiff be executor to his father  and brother and so claim the mortgage as vest in the executor of his father  and not in his heir the defendant be the son and heir of the plaintiff old  brother decease and grandson and heir to the plaintiff father insist that the  plaintiff and defendant and other who claim several share and part of the  plaintiff father be personal estate agree to a division thereof among  themselves and a division be make and release give of each one demand in law  or equity to the say estate and the plaintiff in particular release and the  say Ayloffs mortgage with the money due thereon with other thing be set out  and allot to the defendant by consent of all the party and receive by the  defendant in part of he share and the plaintiff account to chancery report the  defendant for the profit of the say Ayloffs mortgage premise receive by he and  afterward in the defendant have a decree for the mortgage money against  Ayloffs executor and receive the same to which proceed the plaintiff be privy  and the defendant say it be unreasonable that the plaintiff shall now make a  demand to the say mortgage to unsettle matter so settle by his own consent but  the plaintiff insist he look on the premise at that time to come to the  defendant as heir and know not his own Title thereto and the share set out  come but to pound apiece and Ayloffs mortgage be worth pound this court be of  opinion that the plaintiff ought to be relieve and have a undoubted right to  the say mortgage premise and decree the defendant to repay all the money  receive by he thereon to the plaintiff Bois v marsh chancery report er report  date bois con marsh car f land legatee and money legatee decree to abate in  proportion notwithstanding a agreement to the contrary this court declare that  all the legatee both land legatee and money legatee ought to abate in  proportion notwithstanding the agreement to the contrary and that be say  agreement be set aside chancery report er p