c bishop v sharp S c vern Lord keeper personal estate not apply in aid of the  real a devise all his personal estate to b and devise a estate in fee which be  mortgage for pound to c and the question be whether this debt upon the real  freeman er p estate shall be pay and discharge out of the personal or whether  it must go to the devisee cum load it be agree in this case saint that haeres  factus Galton v Hancock atk as well as haeres born shall have the aid of the  personal estate in ease of the real freeman dly that a specific legacy shall  never be take away to be apply in aid of the real estate see Clifton v burt p  wms and the case there cite in notorious facts dly that where any debt or  legacy will thereby be leave unpay oneal v mead p wms forester v leigh Ambl  Lutkins v leigh can tempt Talb then the personal estate shall never be take  away to be apply in ease of the real estate but in this case it be insist that  here be a devise of all the personal estate the devisee shall be in the same  case with a executor or administrator but the Lord keeper decree that the  personal estate shall not be apply in this case for since the testator have  devise it to he see the case cite in the two recede note to which add tower v  Lord rous Ves and Bamfield v Windham Prec in Charles and mark the distinction  between this and the next subsequent case he see no equity to take it away and  apply it in ease of the devisee of the real estate but some other seem to be  of a contrary opinion because in every mortgage there be a covenant see ante c  p note Reg lib a fol the court order that so much of the bill of the plaintiff  the devisee of the mortgage estate as seek a account of the personal estate of  the testator shall be dismiss but that the defendant to who the personal  estate be bequeathe and who have obtain a assignment of the say mortgage shall  come to a account for the rend and profit of the mortgage estate receive by  her since she have obtain such assignment but the court reserve the  consideration whether any part or how much of the say rend and profit shall be  apply and how far the say defendant shall stand charge therewith in discharge  of the say mortgage till after the account shall be take for payment of the  money which make it a debt and recoverable out of the personal estate and take  a distinction between a mortgage with such a covenant and a pawn for a debt  where there be no covenant to pay money de term S hill in curian porter