case Sagitary versus hide maii in court Lord chancellor Eq can ab pl post vol  S c a man make a settlement on one of his coheir with a power of revocation  the heir before either original file or bill bring alien but before all the  purchase money be pay a original be file and a bill bring and notice thereof  be give to the purchaser stat William and mary cap per cur there be a  difference between a conveyance with a power of revocation and a conveyance to  such use as a man shall appoint and he afterward by will appoint the use in  the principal case there be a debt owe to the king it be order that the king  debt shall be satisfy out of the real estate that the other creditor may be  let in to have satisfaction of their debt out of the personal asset for the  lead case on the doctrine of marshal asset vide Clifton v burt p wms and Mr  Cox note to that case in addition to which as to marshal in favour of legatee  foster v cook bro Ch Rep and no difference where legatee by a codicil Norman v  Morrell Ves as to not marshal for a charity Makeham v Hooper bro Ch Rep nor  against judgement creditor as distinct from specialty creditor nor where  legacy charge on real estate and Payable at a future day pierce v Loman Ves  sharp v earl of Scarborough Ves nor where the personal estate ample for the  payment of debt and real estate not charge in favour of legatee Keeling v  brown Ves contra it shall seem in such a case as to simple contract creditor  Powell v robin Ves so where mortgagee of freehold and copyhold land the court  will marshal in favour of simple contract creditor aldrich v Cooper Ves in  which the doctrine of marshal Vernon chancery case er p be very full  investigate note that case overrule the case of Robinson v tongue cite by Mr  Cox in his note to Clifton v burt ub sup as to this point and which be report  p wms and as to the general principle of marshal trim v bayne Ves which lie it  down in conformity with aldrich v Coo per ub sup that a party have two fund  his choice shall not have the effect of disappoint another who have one only