c lee executor of hale decease v hale Jan car S c Charles can Eq can ab  chancellor master of the roll judge hide devise of a moiety of the personal  estate devise of the moiety of the personal estate to the wife and then of  diverse legacy and then of the residue to another resolve the wife shall have  a full moiety see levuin v levuin Ves sen if the other moiety be sufficient to  pay the debt and that the debt shall go whole out of the other moiety die Mr  roper in the d vol of his treat on leg p question the law of this case in dyer  rely for the support of his objection on a passage in wentworth off of ex but  omit to notice what appear in the margin of dyer that the supplement to  Wentworth supply a authority in accord with that in dyer and with the  principal case above Reg lib b fol the Lord chancellor and hide I agree in  opinion that although by the law debt ought to be pay first yet as this case  stand the will be that the testator give the rest of his real and personal  estate after debt funeral c to the defendant who he make executor and there be  sufficient with a overplus the executor ought to pay the debt and legacy out  of his moiety and do therefore decree accord and the Lord chancellor and the  say judge assist be also of opinion that by the intent of the will the widow  be not to have a moiety of the mortgage money in the will mention in case the  say mortgage be redeem but be to have a moiety of the profit only during her  life or a recompense for the same and do therefore decree the plaintiff bill  as to this point to be dismiss but if there be any of the say profit in arrear  which the widow ought to have receive in her lifetime then the plaintiff her  executor ought to receive the same and it be also decree that the lease in  question be to be consider a part of the testator personal estate and that a  moiety thereof shall be convey to the plaintiff against which it be object  that the husband shall not bequeathe any part till the debt pay and that  therefore the debt ought to freeman be first deduct out of the whole but that  objection be overrule the other moiety be sufficient for the debt in this case  also rule that by the bequest freeman er p of a moiety of the personal estate  where the testator have money bind and a lease for year a moiety of the lease  for year pass although it be object that that be not usual reckon personal  estate