case Charlton et all creditor of Samuel low decease plaintiff Susannah low  sister and administratrix of the say Samuel low and other be a mortgagee and a  judgement creditor of the say Samuel low defendant Lord chancellor Talbot Eq  can ab pl pl pl one possess of a term for year article to purchase the  inheritance and by will give pound to his daughter and make his son executor  and die the son assign the term in trust to attend the inheritance of which he  take a conveyance in his own name afterward the son acknowledge a judgement to  a and mortgage the same land to b and die insolvent a shall first be pay his  judgement then b shall be pay his mortgage and then the daughter be  administratrix to her brother be entitle to her legacy of pound in preference  to the simple contract creditor Henry low the father of Samuel purchase a term  of year in the land in question and agree to give a full consideration for the  inheritance whereupon the vendor covenant to procure a conveyance to be make  thereof to the vendee and his heir peer William Henry low the father die  before the conveyance make have by his will give to his daughter the defendant  Susannah a legacy of pound and leave Samuel his old son executor Samuel the  executor and heir assign the term in trust to attend the inheritance intend to  be by he purchase and afterward take a conveyance of the inheritance to  himself subsequent to this Samuel confess a judgement to one of the defendant  and make a mortgage of the inheritance to another of the defendant without  take any notice or make any assignment of the old term of year and die  insolvent the question be whether Susannah the legatee of the pound and who be  the administratrix of Samuel low her brother be entitle to a satisfaction for  her pound out of this term of year in preference to the other encumbrancer and  to have it consider as equitable asset of low the father notwithstanding the  assignment make by the son in trust to attend the inheritance or whether the  judgement creditor and mortgagee shall have the benefit of this term as  connect with the inheritance by the assignment that have be make thereof to  attend the same it be insist for Susannah the legatee that the assignment by  the son though it pass the legal interest so as to prevent its remain asset at  law yet it do not take away the right of the legatee who have a prior demand  thereon and be at liberty to follow those asset in equity unless alien for a  valuable consideration and without notice that if Samuel have purchase the  inheritance without have assign the term such term will not have be merge  because peer William he will have have it in autre law suppose it to merge it  will occasion a devastavit c oh Inst b b and this assignment be only in trust  for himself shall have the same consideration as if it have continue in the  father Lord chancellor it be observable that the testator Henry low the father  have in effect purchase the inheritance and the son obtain a conveyance of the  inheritance in conformity only to the father intention the term by this  assignment make of it by Samuel the son be become not asset at law note by  this the term in which he have the legal estate become attendant upon the  inheritance in which he have a equitable estate Capel v girdler Ves for which  reason the legatee can pursue it specifical but must have her satisfaction as  for a devastavit out of the executor asset for as this case stand the legal  interest of the term be in trust for the mortgagor at the time when the  mortgage of the inheritance be make it be so fat a fraud upon the mortgagee as  it be conceal from he and the trustee of this term of year which be assign to  attend this inheritance become trustee for the mortgagee of the inheritance  nay a term assign in trust to attend the inheritance will in equity follow all  the estate create thereout and all the encumbrance subsist upon such  inheritance and be so connect with it that equity will not suffer it to be  sever to the detriment of a good fide purchaser who shall have the benefit  peer William er p of all interest which the mortgagor have at the time the  mortgage be make unless against a intermediate purchaser without notice  therefore the judgmentcreditor of the mortgagor must be first satisfy accord  to the priority of liens affect the real estate in the next place the  mortgagee and as the peer William estate be to be sell for the satisfaction of  creditor though the sister who be administratrix of her brother Samuel claim a  debt but by simple contract on account of the devastavit yet have a right as  administratrix to retain against all creditor in equal degree she shall  consequent retain her debt prior to all the simple contract creditor of her  brother Reg lib a fol Willoughby v Willoughby t r S c Amb maundrell v  maundrell Ves Ves ex part Knott Ves shine v gough ba and be