chancery report yate contra hook car foe mortgage by demise and Redemise that  John Hele on the d Dec for pound mortgage long court and other land to jasper  Edward his executor administrator and assign for ninetynine year and the say  Edward on the that of Dec redemised the same to the say John Hele for year at  a peppercorn rend on condition that if the say John Hele his heir executor  administrator and assign do not pay to the say jasper Edward his executor  administrator and assign pound at a certain day therein mention that then the  say Redemise to be void and covenant for he his heir executor and  administrator to pay the same accord and in Hillary term the say John Hele  acknowledge a judgement of pound to the say jasper Edward for the performance  of the covenant in the say demise and Redemise and after in the say John Hele  for pound mortgage the say premise to Joseph Jackson his executor  administrator and assign recite the say mortgage to jasper Edward to have and  to hold the say premise to the say Joseph Jackson his executor administrator  and assign for the residue of the say term demise to the chancery report say  jasper Edward and to hold the reversion to the say Joseph Jackson his heir and  assign for the use of the say Joseph Jackson his heir and assign for ever on  condition that if the say John Hele his executor c pay to the say Jackson his  executor c pound in June next follow then the say deed of mortgage to be void  and the say John Hele to reenter as in his former estate and the say John Hele  covenant with the say Jackson his heir c to pay the say and for further  confirmation grant to the say Jackson all his equity of redemption and  afterward the say Edward and Hele for pound pay by Jackson to the say Edward  the say Edward and Hele assign the say premise to Jackson with condition of  proviso that if the say Hele his heir or executor shall pay to the say Jackson  his executor c pound then the say demise from Hele towards to be void and  afterward in Edward assign the say judgement of pound to the say Jackson his  executor c and the say Hele in die leave the say defendant sir Thomas hook his  nephew and heir and the say Jackson have make his will and devise to his  daughter Sarah wife of the defendant Alford pound and to the say Joseph  Jackson his son pound chancery report with his land tenement c and to the heir  of his body and for want of issue then the one half of his land so give to his  daughter whether Yate and the other half to his daughter earl and the issue of  their body equal and that in case his personal estate fall short then every  legatee to abate in proportion to make it up the one half and the other half  his son Joseph shall make good out of what he have bequeathe to he and make  the defendant Yate earl and Aldworth executor and if his estate shall amount  to more than he have bestow then that the say Joseph and Sarah shall have the  one half of it and his son Yate and his wife and his son earl and his wife and  what child he shall have live at his decease the other half afterward the say  Joseph Jackson have in his account account the say mortgagemoney as part of  his personal estate in die leave the say Joseph Jackson his heir that no entry  have be make either by the testator in his lifetime or by the say Joseph his  son and heir upon the say mortgage premise but the say John Hele and sir  Thomas hook have receive all the rend and profit so as the question be whether  the say MortgageMonies be due and Payable to the heir or executor of the say  testator Joseph Jackson chancery report this court upon read the say deed and  will conceive that there be chancery report er p no question in the case but  that the say several sum of pound and pound be the mortgagemoney ought not to  go to the heir but to the executor and to be account part of the testator  personal estate he have by his will give his real estate by name to his heir  beside his portion of pound and one four part of the overplus of his personal  estate the rather for that it be not in the power of the heir to discharge the  judgement or the mortgage and the money by the several proviso be make Payable  to the executor and not the heir and the original mortgage be but for year  though alter by Act in law and the testator have by will charge the land  devise to his heir to supply the deficiency if the personal estate shall not  be sufficient whereas if he have not take the mortgage to be part of his  personal estate he will have supply the same out of the mortgage and decree  sir Thomas hook to redeem and he pay the plaintiff the executor the  mortgagemoney with interest