case edward Wareham and other creditor and legatee of sir anthony brown  plaintiff sir george brown nephew and heir of sir anthony William brown the  executor all defendant eoden die Eq can ab pl S c one devise to two of his  sister pound apiece and to his three sister what his executor shall think fit  the court decree the three sister shall have also and be make equal to her two  other sister if the estate will hold out a devise land to b in tail remainder  to c and give his executor power to raise out of his estate for his next heir  and desire he to see his debt pay this give the executor a power to sell the  land to pay the debt sir Anthony brown be seize in fee of several manor and  land in the county of wilts and buck october Vernon chancery case make his  will and thereof make the defendant William brown executor and by his will  devise unto two of his sister pound apiece and unto the three what his  executor shall think fit and then inter alian devise as follow videlicet give  and bequeathe all that manor of Ludgishall and the manor of Biddwell in the  county of wilts and all that lordship of d in the county of buck unto my  brother John brown and to the heir of his body and for want of such issue I  give the same to my brother George brown and the heir of his body and for want  of such issue I give the same to my uncle Anthony brown and his heir item I  give and bequeathe unto my executor full power and authority to raise out of  my estate the sum of five hundred pound for the use of the next heir of my  estate if my say executor shall think it necessary and also I desire my  executor to see all my just debt which he shall find due and my funeral charge  pay and satisfy item I give and bequeathe unto my say executor all the rest a  f residue of my whole estate unbequeathed to pay and distribute accord as my  say executor shall think it most fit and requisite upon the read of this will  the court hold that William brown the executor have sufficient power to sell  the land and that the real estate by the will be subject to the payment both  of debt and legacy and decree it accord and as to the old sister who be to  have only what the executor shall think fit they think it reasonable she shall  have four hundred pound and be equal with her other sister but reserve the  consideration thereof until after the account take and they shall see how the  estate will hold out the word of the decree as to the trust be whereupon c  this court be of opinion and do declare that the say sir Anthony brown have  subject his real and personal estate to the payment of all his debt and legacy  and that the same ought to be pay and satisfy by and out of both the say  estate and do think and so order and decree that a account be take of the real  and personal estate if the say sir Anthony brown and that it be refer to the  master to take a account of the personal estate and a account of what profit  have be make and raise out of the say testator real estate and examine how and  for what dispose of and what debt there be now due and owe to the plaintiff  and other the creditor and also what legacy be due to the legatee of the say  sir Anthony brown and what be the true and real value of the whole estate and  what money can be raise and make by grant of estate fill up life and renew  estate rend woodsales or otherwise and upon the master report this court will  give direction how and in what manner the money so raise or that can be raise  shall be apply Reg lib b fol the point respect the legacy to the testator  sister do not appear vide win v Hardinq bro Ch Rep bull v vardi Ves jun Vernon  chancery case er p Terrel v beak Vernon chancery case er er report date Vernon  chancery case case Terrel versus beak die moon Julii lord commissioner the  plaintiff captain of a man of war seize the defendant ship be a interloper out  of the limit of the east India company be charter and she and her good  condemned in the admiralty and deliver over to the king use the defendant the  owner and freighter of the ship bring trover and recover she damage the  plaintiff bring bill to be relieve against this judgement defendant plead the  judgement and proceed at law plea overrule the defendant be owner and  freighter of a interlope ship that go to the east Indies the plaintiff be  captain of a man of war and take the defendant ship at sea even out of the  limit of the east India company be charter and she be condemned in the  admiralty and the ship and good deliver to the king use upon the plaintiff  return to England the defendant bring a action of trover against he the  plaintiff the defendant at law first put in a plea in abatement which be  overrule then plead the same matter in chief and thereupon judgement be obtain  against he and a writ of inquiry of damage execute and damage assess to pound  to be relieve against which the plaintiff bring his bill allege that what he  do be by virtue of his majesty commission and as he be captain of a man of war  that the ship and good be condemned in the admiralty and seize to the King s  use that he receive not one shilling to his own use that the damage be  excessive as will appear by the bill of add if produce and that the writ of  inquiry be by contrivance execute when he be at sea so that no defence can be  make and do the last day of the term about noon of the same day so that he can  not move the court at law for a new trial that term and judgement be enter up  before the next term so that then he come too late the defendant plead the  proceed at law prout c that defence be make at the execute the writ of inquiry  that his ship and good be real worth one thousand three hundred pound c the  court disallow the plea and order the defendant to answer and continue the  injunction to hear the order be that the defendant plea do stand for a answer  without liberty to except the benefit whereof and of the say demurrer be save  hereby to the defendant at the hear except in default of the defendant produce  all book paper invoice c before one of the examiner of this court and give due  notice thereof to the plaintiff in which case the plaintiff be hereby at  liberty to take exception to the say plea and the plaintiff be hereby order  not to bring any writ of error at law on the judgement obtain by the defendant  and then the order proceed to grant injunction till the bear in case the  plaintiff proceed to a hear the next term otherwise to be dissolve Reg lib b  fol afterward that do you the bill be dismiss with cost to be tax Reg lib b  fol no statement of the plead