case French ux versus Chichester full discuss Trott v Buchanan Ch d et seq see  also case collect Collis v robin de g S Jan a by will charge his real estate  with the payment of his debt legacy and funeral and devise to his wife who he  make his executrix all his personal estate not otherwise dispose of decree the  personal estate to be apply in case of the real there be no word in the will  to exempt the personal estate from the debt and the wife take the personal  estate as executrix upon a bill of review the error assign and rely on be that  John Chichester as heir and executor to his father have raise sufficient out  of the real and personal estate for payment of his sister portion devise to  they by his father will and have pay all but his sister Katherine who be under  age do by deed convey several land to trustee for payment of his debt and  afterward make his will and thereby also direct that his trustee shall out of  his TrustEstate pay his debt legacy and funeral and thereby devise to his wife  now the wife of the plaintiff French who he make his executrix all his  personal estate not otherwise dispose of intend thereby a provision for her  she have be prevail upon to sell away part of her own inheritance Vernon  chancery case and the question now be between the heir and the executor  whether the wife and executrix shall have the personal estate as devise to her  and leave the debt charge upon the land or whether the personal estate shall  be apply in ease and exoneration of the real estate Vernon chancery case er p  the defendant Mr Chichester have pay Katherine portion bring his bill to be  reimburse out of the personal estate and obtain a decree for that purpose for  French and his wife the executrix of John Chichester it be insist that John  Chichester have charge his debt upon his land and afterward by his will have  charge even his legacy and funeral upon his land and devise his personal  estate to his wife do sufficient manifest his intention that his wife shall  have his personal estate as a provision for her and to her own use and the  same be but a small recompense for the inheritance she part with but if make  liable to debt the whole will be exhaust and the provision intend for the wife  defeat and the know rule be that where the personal estate be devise away the  heir shall not have it apply in exoneration of the real but the Lord keeper  wright upon the former hear and the present Lord keeper on the bill of review  be both of opinion that the devise be in the same clause in which she be name  executrix and not say free and exempt from payment of debt she must therefore  take it as executrix and the same must be apply to the payment of debt and  therefore allow the demurrer Reg lib a fol the demurrer be that no error in  law in the original decree be set forth in the bill of review and that the  affidavit annex to the bill of review be imperfect and contain no new matter  not in issue in the former cause vide mead v hide ante p cutler v Coxeter ante  p and case cite in note there respective et vide particular Talbot Lord  chancellor observation on the principal case in Stapleton v Colville Forr p  and the note there and the decree in the principal case affirm in dom proc bro  p c so white v white ante p and dismiss the bill of review