brown case John French et ux appellant arthur Chichester and other respondent  that February Mews dig way S c vern discuss and explain in Trott v Buchanan Ch  d S S convey all his land to trustee for the purpose of pay his debt legacy  and funeral charge and by will give all his personal estate to his wife and  make her executrix hold that the security upon the land do not discharge the  personal estate but that the same still continue liable and ought to be take  in aid of the real estate viner vol p can Eq can ab can in June sir John  Chichester by deed grant certain land in the county of Devon to Nicholas  Dennis and other for year in trust to raise pound for the portion of his  daughter Susannah he afterward make his will and thereof appoint his son and  heir John Chichester executor after the father death John the son in April  convey all his land in Devon and Cornwall to trustee for the purpose of pay  his debt and legacy and intend that this trust estate shall be the fund for  pay his sister susannah portion he by his will give all his personal estate to  Dorothy his wife and make her executrix Dorothy the widow of John afterward  intermarry with Henry Chichester and in Susannah exhibit her bill in chancery  against they and Francis the son and heir of John and the trustee in order to  have her portion raise and pay and on the that of February this cause be hear  at the roll when his honour decree a account of the personal estate of sir  John Chichester come to the hand of John his son and unconverted by he at the  time of his death and also a account of sir John trust estate come to the hand  of John the son or any of the defendant and that what upon such account shall  appear to be in the respective hand of the defendant the Chichesters be to be  answer and pay by they to the plaintiff and if that shall fall short to  satisfy her demand the deficiency be to be charge on the trust estate create  by John and the same be decree to be sell for that purpose the defendant  Francis Chichester appeal from this decree and in consequence thereof the  cause be hear before the lord commissioner on the that of February when it be  decree that both the trust and personal estate of sir John Chichester be  liable to the plaintiff demand but that decree be to be without prejudice to  any relief which the defendant Henry Chichester and Dorothy his wife may be  entitle to out of the say trust estate but this decree not be satisfactory to  some of the party the cause be reheard before the Lord keeper summer on the d  of July when his lordship decree that the trust estate of sir John Chichester  be liable to the payment of the plaintiff susannah portion with interest and  that the defendant Francis Chichester shall pay her the same with cost or in  brown default thereof that he shall deliver up to her such part of sir John  trust estate charge with this portion as he have in his possession and that he  shall hold the same till pay brown er p in pursuance of this decree the say  Francis Chichester pay Susannah pound in full for her portion and interest and  in Michaelmas term he exhibit his bill in chancery against Henry Chichester as  the executor of Dorothy his wife who be executrix of John Chichester in order  to be reimburse what he have so pay to Susannah out of the personal estate of  John but Francis and Henry both die soon afterward the suit be revive by the  respondent against the appellant as their respective personal representative  and the defendant by their answer insist that the personal estate of John  Chichester be whole discharge from this demand by Lord some decree and they  also insist on that decree in bar to any discovery of John asset on the saint  of February this cause come on to be hear before the Lord keeper wright who  decree a account to be take of the personal estate of John Chichester come to  the hand of Dorothy his late wife or of Henry her late husband or of any other  person or person to or for the say dorothy use and also a account of the rend  and profit receive by the say John Chichester out of sir John trust estate  which be not by he apply accord to the trust and of the rend and profit  receive by Dorothy of the same trust estate after the death of John Chichester  and likewise of the rend and profit by her also receive out of John chichester  trust estate and the master be to inquire whether Dorothy enjoy any part of  the estate of Francis Chichester which be not part of her jointure and in case  the master shall so find he be to take a account of what she have so receive  out of that estate and it be order that what shall appear to be due on take  the say several account after all just allowance shall be pay and apply  towards reimburse the plaintiff what the say Francis Chichester their testator  have pay to the say Susannah for her portion interest and cost and the cost of  the suit be reserve until after the account shall be take the master by his  report of the that of December certify that there have come to the hand of  Dorothy and her husband Henry of the personal estate of John Chichester pound  and also that Dorothy enjoy some part of the estate of Francis Chichester not  comprise in her jointure and have thereout receive pound S d make together  pound s 10d and by another report of the d of February the master certify that  Francis Chichester have pay Susannah for her portion interest and cost the sum  of pound but the defendant instead of pay this money exhibit a bill of review  to set aside the decree and all subsequent proceed and that bill have be  dismiss on a full hear they take exception to the report in which be equal  unsuccessful they at last bring the present appeal insist S Dodd that by John  brown chichester deed of trust under which the respondent Arthur claim the  estate it appear that susannah demand ought to be a charge on the trust estate  and that therefore the personal estate ought to have be enjoy by Dorothy  discharge of those demand and that by the decree the appellant be make  personal liable to reimburse the respondent what Francis have pay Susannah  without direct any account of what asset have come to their hand whereas no  asset either of sir John Chichester John Chichester or Dorothy Chichester have  ever come to their hand and what they have receive of the personal estate of  Henry Chichester have be full administer by they before the commencement of  this suit on the other side it be contend t powys t Parker that though John  Chichester do make a security out of his land for the payment of his debt yet  that security do not discharge his personal estate which still continue liable  and ought to be take in aid of the real estate and that there be no case where  it have be otherwise determine upon the like reason and circumstance that the  objection as to asset have never be make or think of till now for the  appellant have neither at the hear of the cause original or upon the bill of  review or even by their answer complain of the want of asset of Henry  Chichester come to their hand but on the contrary insist that such asset be no  way liable to the respondent demand if however the appellant have think a  enquiry into asset material it be incumbent on they to have pray for such a  enquiry at the hear and it will of course have be direct but the reason why no  such direction be give be not only because the appellant do not so much as ask  it but because the defence they chief rely on by their answer and at both the  hear be that the personal estate of John brown er p Chichester be exempt from  the debt and that his real estate only ought to remain Chargeable therewith  and this point be determine against they it be take for grant nor do they  attempt to deny for if they have proof be ready to have be read on the  occasion that the appellant have asset sufficient and it be plain that they  themselves be of that opinion by make the other point the ground of their  defence and insist thereon in bar to a discovery of asset accord after hear  counsel on this appeal it be order and adjudge that the same shall be dismiss  and that the decree and other subsequent order and proceed therein complain of  shall be affirm jour vol p