case STIDDOLPH versus leigh Lord chancellor eoden die a executor make a  voluntary assignment of part of the asset whether the creditor can follow the  asset thus assign Thomas Bostock executor of one Thomas Bostock have voluntary  assign to the defendant leigh as a reward for service do the stock in the  eastindia company which be the testator pen a bill in this court by Stiddolph  who be a creditor to Thomas Bostock the testator the question be whether this  assignment shall stand good as against the creditor Stiddolph there not be  without this stock shall be bring into the account sufficient asset of the  first testator the court look upon this suit as a contrivance to defraud the  defendant leigh and the chancellor declare he of his own personal knowledge be  satisfy that leigh well deserve Vernon chancery case this reward and that he  have that power and influence on Thomas Bostock that he will have give he his  whole estate if leigh have desire it and forasmuch therefore as Thomas Bostock  the executor have subject his own real estate to the payment of his debt the  court direct a account thereof to be take and declare that if there be  sufficient asset of his estate without bring this stock into the account the  assignment to the defendant leigh shall stand good though for the plaintiff it  be strong insist on that he be a creditor to the first testator may follow the  estate in who hand soever it come and ought not to be put to the charge and  trouble of controvert the account direct mes oh stow the circumstance of the  case be short these one Thomas Bostock a scrivener as trustee have receive  several sum of money belong to the plaintiff and make his will whereby her  give his property to trustee for William his infant son and then the present  plaintiff in exhibit his bill against the executor and the son who have attain  his age for relief as to those money and a decree be accord have which be duly  sign and enrol William the son then die have first make his will and thereof  appoint Thomas Bostock his cousin executor who prove the same and become  possess of the estate of William subject to the money due to the plaintiff  under the say decree plaintiff then exhibit his bill of revivor against the  last name Thomas Bostock the proceed be thereupon revive and the master report  pound be d which be on a rehear decree to be due to the plaintiff Thomas  Bostock the executor of William then die have first make his will whereby he  give to Penelope his wife pound per and out of his real estate and after  payment thereof devise his real and personal estate for the payment of his  debt and make the say Penelope residuary legatee and together with one Raworth  executor thereof and then the plaintiff revive his decree declare a sum of  pound S due to the plaintiff against the present defendant the defendant leigh  by his answer swear that he be concern in the management and conduct of  several involve suit for the say William Bostock and which continue to the  death of William who offer to leave leigh all his property as a recompense  which leigh refuse and prevail upon he to make one Thomas Bostock his cousin  the executor of his will and to intrust he to requite he leigh for his service  that this be do Bostock after William death present the defendant leigh with a  bind for pound due from certain person therein name that defendant know  Bostock be straiten for money propose to deliver back the bind and to receive  in lieu thereof the say pound India stock late the property of old Thomas  Bostock the scrivener and then worth about pound and Thomas Bostock the  executor of William agree thereto and to transfer the same to defendant upon  request under these circumstance the decree declare in it all that Thomas  Bostock the executor of William have receive and waste the estate of old  Thomas Bostock the scrivener to a amount great than the plaintiff demand and  that he have subject his real estate to the payment of his debt have thereby  make the plaintiff debt his own and the same be decree to be pay thereout as  the master shall report together with interest and cost and a account be also  direct to be take of the personal estate of Thomas Bostock the executor of  William and also of the personal estate of old Thomas Bostock the scrivener  come to the hand of hull and his wife unadministered and particular of a sum  of money therein mention part of such personal estate and the same be to go so  far as it will in satisfaction of the plaintiff demand then of the real estate  of Thomas Bostock the executor of William and of the rend and profit thereof  from his death over and above the pound per and to his wife the same to be  also liable to the satisfaction of the plaintiff demand and the decree direct  such estate to be sell Reg lib b fol enter Stiddolph v thickness vide Noel v  Robinson ante Vol arg Deg v Deg p wms crane v drake post and for the doctrine  of the general power of a executor to dispose of the asset of his testator and  of legatee and creditor to follow the asset dispose of by he in the hand of  three person hill v Simpson Ves and see MLeod v Drummond Ves Vernon chancery  case er p