catherine cooper in her own right and as administratrix of her sister Philippa  plaintiff the whole of this case be take from Lord hardwicke notebook except  what be state to have be say by Lord Hardwicke when the cause first come on  which be take from atkins and do not appear in Lord hardwicke notebook and  William Clifford martin and Elizabeth his wife defendant may d and June that  atk where a testator by his will give all his south sea stock south sea  annuity and south sea bind to his wife in trust that she shall pay certain  legacy therein mention and all the rest and residue of his estate not before  bequeathe he give to his wife the legacy shall only be pay out of the south  sea stock south sea annuity and south sea bind and shall not be consider as  general legacy Payable out of the other asset of the testator see purse v  Snablin post p and the case there cite John Martin on the saint September make  his will as follow I give and bequeathe unto my say wife all my south sea  stock south sea annuity and south sea bind in trust that she my say wife her  executor and administrator shall pay unto my say nephew Charles Martin for his  life the yearly sum or annuity of pound by four even and west tempt Hardwicke  quarterly payment the first quarter to commence immediate from and after the  time of my decease and upon this further trust that my say wife shall pay unto  my niece tripe and her child the sum of pound equal to be divide between they  to my niece Southcot pound to my niece hilson pound to the young daughter of  my nephew John Martin pound to my niece young pound to my nephew Thomas Martin  pound and to his daughter pound to mrs Catherine Cooper jun and her sister mrs  Philip Cooper pound each to my niece Mr Elizabeth Langton pound to my nephew  William Martin pound to Mr Susan steal now live with I pound to my brother  Charles hobbler and mrs baker pound each to the charity school of the parish  of saint Paul covent garden pound and to my three servant that now live with I  the sum of pound each and to my great nephew William Clifford Martin the sum  of pound all which legacy beforementioned my will be shall be pay within six  month after my executrix shall have make a final end and receive the  purchasemoney due to I arise out of the three part of the manor of Machelney  in the county of Somerset pursuant to a contract make by my son Charles Martin  decease with Mr Richard Woodford and the testator direct that the  purchasemoney shall be apply towards satisfy certain demand which he enumerate  and all the rest and residue of his estate not already give and bequeathe as  well real as personal he give to his wife who he make executrix the S S stock  S S annuity and S S bind amount to pound of which pound be invest in S S  annuity to secure the pound annuity there remain therefore pound together with  the reversionary interest in the S S annuity Philippa Martin die have by her  will appoint Elizabeth the wife of the defendant her executrix who prove her  will west tempt Hardwicke er p the bill be file for payment of the two legacy  give to the plaintiff and her sister Philippa the defendant the executrix  admit that she have receive south sea stock south sea annuity and bind and  which together with pound bank stock and other asset will be more than  sufficient to pay his debt and legacy but insist that neither the say bank  stock or any other part of the testator personal estate other than west tempt  Hardwicke the particular part thereof appropriate as a fund for that purpose  be liable to the plaintiff demand this cause come on to be hear on the d of  may when it appear from the Lord chancellor note that it be order to stand  over with liberty for the plaintiff to amend his bill but in what respect be  not state Mr atkins report in vol p under the name of cook v martin his  lordship to have say as the fund prove insufficient to pay the legacy it be  not the same case as if the testator have say I give such a sum out of a  estate I be entitle to but if the particular estate fall short of his  expectation will any body say they shall not be pay out of the general asset  the payment within six month be no more than a direction for the payment of  the specific legacy and do not make any alteration as to the fund the  executrix by her answer confess that she have south sea bind south sea annuity  and other asset sufficient to satisfy all the legacy which be put the same  construction as be now contend for by the plaintiff and though no confession  of law can possible hurt the party unless the fact be right yet it will be  absurd as the very fund the testator have then in contemplation be not equal  to satisfy the legacy and annuity if I be not to extend they to the other part  of the personal estate especial where there be a residue allow by the  executrix in her answer after all debt and legacy be satisfy pray general  relief be sufficient though the plaintiff shall not be more explicit in the  prayer of the bill and Mr robin a very eminent counsel use to say general  relief be the best prayer next to the lord prayer the admission of asset by  the executrix to one legatee be a admission to all but as in this case general  relief be pray in one part of the bill and particular relief in another it  must stand over to be amend upon pay the cost of the day the cause come on  again to be hear on the that of June Mr fazakerley and Mr Floyer for the  plaintiff contend that the plaintiff legacy be general legacy affect the whole  estate that the direction to the executor as to the particular fund be not  intend to affect the west tempt Hardwicke right of the legatee it give to they  these fund in trust to pay they be trustee of the whole estate for the same  purpose that the total of the legacy give under that trust amount to pound  which be the full amount of the fund without make any provision for the  annuity of pound Mr attorneygeneral for the defendant insist that the legacy  be not Chargeable upon the general fund that the plaintiff have no more right  to seek satisfaction out of any other fund than that particular point out by  the will than the son have for his annuity of pound June the Lord chancellor  declare that the plaintiff legacy ought to be satisfy only out of the  particular fund consist of south sea stock south sea annuity and south sea  bind mention in the testator will and in case that fund shall be deficient to  satisfy all the legacy give thereout those legatee ought to abate in  proportion Reg lib a fol west tempt Hardwicke er p