case cook versus parson Feb Eq can ab pl pre Ch S c land be devise to be sell  for payment of debt the land may be decree to be sell without give the heir  who be a infant a day to show cause when he come of age otherwise if he be  decree to join in the sale on a bill of review a error assign be that land be  decree to be sell pursuant to the will for payment of debt without give the  heir a day to show cause after he come of age some land also that be by the  will direct to be set and lot only be decree to be sell the validity of the  will be dispute r l Lord keeper confirm the decree for the land be devise to  be sell for payment of debt there be nothing descend to the heir and a  immediate sale may be decree without give he a day to show cause though a  infant but if he have be decree to have join in the conveyance there he must  have have a day after he come of age this do not appear to be the point it  come on upon a rehear a demurrer to the bill of review and revivor have be  overrule and accord to the statement in the register book Feb that it appear  that the plaintiff in the bill of review who be the grandson and heir at law  of the testator be a infant at the time of the make the decree on the original  bill and the error assign be that the say decree be make before the testator  will be prove in a court that have the proper cognizance thereof as to the  personal estate and that it be direct by the say decree that the defendant  Bennet shall forthwith prove the say will in the prerogative court whereas the  validity thereof as to the personal estate be proper cognisable in the  spiritual court only and the say defendant the plaintiff in the bill of review  have by his plea and answer insist that the say will be not duly sign and  publish accord to the statute make to prevent fraud and perjury the say will  ought not to have be establish and a sale direct by the say decree without  liberty give to the say defendant to try the validity thereof at law and if  any sale ought to have be direct of the real estate yet a account ought to  have be first take of the personal estate and only so much of the real estate  decree to be sell as shall appear necessary to supply the defect of the  personal estate and that the land by the will only devise to be let ought not  to have be decree to be sell and by the decree a account be order to be take  of the personal estate and of the rend and profit of the real until the sale  and also of the debt due from the testator at the time of his death and the  security for the same and for what the real estate be sell and what be then  the yearly value thereof and reserve further direction touch the same until  the master shall have make his report and the plaintiff in the bill of review  be at liberty to try the validity of the will at law if he think fit Reg lib a  fol for point incident to bill of review vide sir Thomas standish v Radley atk  Harrison Ch bring Vol Vernon chancery case er p