case white versus white eoden die in court Lord chancellor personal estate  apply in ease of the real against a residuary legatee the cause be hear the  that of January last Reg lib b fol and come now to be reheard the case be a  man by his will devise several particular legacy subject to particular charge  thereon and give the surplus of his personal estate to his wife the bill be  bring by the heir to have the personal estate apply in ease of the real estate  and the court decree the personal estate to be so apply b fol Vernon chancery  case er p Vernon chancery case per cur it be not yet settle whether the heir  shall not have the personal estate so apply even against a legatee of a sum of  money this be a bill by the executor of Elizabeth white who be the executrix  and residuary legatee of James white the old who have mortgage his real estate  for secure the repayment of a sum of money a great part of which have be  discharge together with the whole of the interest due thereon either by the  say Elizabeth out be of the real estate of James white the elder which he have  devise to he have devise to her for life or by the plaintiff and the bill be  against the heir at law among other thing to subject the real estate to the  payment of this mortgage money and a cross bill by the heir to subject the  personal estate and the decree on the hear be as state in the print report and  the decree on the rehear direct that as well the profit of the real estate as  the personal estate come to the hand of the say Elizabeth ought as against the  heir to be apply in the first place to pay the debt legacy and funeral charge  of the say testator James white the alder and that what asset remain if any  after payment thereof ought to be liable and apply in discharge of the say  mortgage in question and with these direction the order on the former hear be  to stand Reg lib b fol vide on the doctrine of apply the personal estate in  exoneration of the real Lutkins v leigh can tempt Tal Clifton v burt p wms  Wynn v Littleton ante Vol Pockley v Pockley ibidem and case respective cite in  not there