case haslewood v pope Lord chancellor Talbot Eq can ab pl pl pl c if I devise  all my land and hereditament in dale dud have a manor in dale the manor as it  be a hereditament in dale will pass but if I have the manor in dale and also  land there not parcel of the manor it be a question whether the manor will  pass by devise of all my land if I have freehold and copyhold land in dale and  devise all my land and hereditament in dale to pay my debt off my freehold  shall pass if that be sufficient by if I have surrender the copyhold to the  use of my will one devise all his real estate in trust to pay all his debt the  bind creditor recover part of their debt out of the personal estate the simple  contract debt shall be equal pay out of the real estate with the bind debt and  the bind creditor shall have nothing thereout until the simple contract  creditor shall have receive as much from the same as shall make they equal in  payment with the bind creditor on a devise of land to pay debt a legatee  whether specific or pecuniary shall be pay out of the land if the simple  contract creditor exhaust the personal estate if one owe debt by bind and  devise his land to I S in fee and leaves a specific legacy and die and the  bind creditor come upon the specific legacy for payment of his debt the  specific legatee shall not stand in the place of the bind creditor to charge  the land and why one devise all his personal estate to his daughter and all  his real estate to trustee in trust to pay debt c remainder to his daughter in  tail remainder over the personal estate shall in the first place be all apply  to pay the debt in this cause the follow point be decree by the Lord  chancellor first if one devise all his land tenement and hereditament in date  and the testator be seize in fee of a manor in dale such manor be a  hereditament in dale will pass by this will though perhaps it may be a doubt  if a man have land and also a manor in dale of which the land be not parcel  whether by the devise of all his land in dale his manor will pass second if a  man devise all his land tenement and hereditament in dale in trust to pay his  debt and legacy and the testator have some freehold and peer William some  copyhold land there only the freehold land shall pass for his will must be  intend of such land and tenement as be devisable in their nature by if the  testator have surrender his copyhold land to the use of his will because this  show he do intend to devise his copyhold Goodwin v Goodwin ves but even in the  first case if the freehold be not sufficient to pay his debt when the testator  devise all his land in trust to pay his debt it seem rather than the debt  shall go unpay that the copyhold shall in equity pass vide Harris v Ingledew  ante three if a man devise his land to trustee to pay all his debt and die  indebt by special and simple contract and the bind creditor recover part of  their debt out of the personal estate and afterward they apply to be pay the  rest of their bind debt out of the real estate devise for that purpose in this  case as the testator in tend all his creditor shall be equal pay their debt  the bind creditor shall not to I in upon the land until the simple contract  creditor have receive so much thereout as to make they equal and upon the  level with the bind creditor in respect what they receive out of the personal  estate and this the Lord chancellor say peer William er p be what the master  of the roll have very right decree on great consideration Deg v Deg vol vide  car v countess of Burlington ante vol n fourthly where one give a specific or  even a pecuniary legacy and devise land to pay his debt peer William if a  simple contract creditor come upon the personal estate and exhaust it so far  as to break in upon the specific or pecuniary legacy these legatee shall stand  in the place of the creditor to receive their satisfaction out of the fund  raise by the testator for the payment of their debt vide Clifton v burt ante  vol but five where a man die indebt by bind and leaves a personal estate and  devise land to I S in fee and give specific legacy and the creditor by bind  come on the personal estate to be pay his bind the specific legatee shall not  stand in the place of the bind creditor to charge the land devise because the  devisee of the land be as much a specific devisee as the legatee of a specific  legacy Clifton v burt vol last and which be the principal point one bequeathe  all his personal estate to his daughter then a infant of about seventeen make  her executrix and devise all his land tenement and hereditament in dale to  trustee in trust to pay his debt and legacy and give the surplus of his land  after payment of his debt to his daughter in tail remainder over hereupon it  be insist that the daughter shall have the personal estate exempt from the  debt and that the land which the testator devise to pay his debt shall be  first apply to that purpose for which be cite the abridgment of case in equity  Adam v Meyrick a strong peer William case and likewise a case decree at the  roll that Nov Bradnox v Gratwick where a man charge his land with the payment  of his debt and give some specific legacy together with the rest of his  personal estate to his brother in which case forasmuch as the specific legacy  will be exempt from the debt as betwixt the devisee of the land and the  specific legatee so the court declare they can not sever the specific legacy  from the rest of the personal estate and since the testator equal intend that  the residuary legatee shall have the rest of his personal estate as the  specific legacy therefore all the personal estate be hold to be exempt from  the debt Lord chancellor the personal estate be the natural fund for payment  of debt and which as against creditor unless they please the testator can  exempt see knight v knight post but against the devisee of his land he may by  appropriate his land as a fund for payment of his debt but even in that case  accord to the general rule there ought to be express word to exempt the  personal estate from the debt or at least word very plain show this to have be  the intention of the testator here testator give his personal estate to his  executor which be no more than the law do and be like give the real estate to  the heir which be void but what I chief ground my opinion upon be that here  the same person be devisee of the personal and also devisee of the surplus of  the real estate in tail and I can think it be the intention of the testator to  exempt his personal estate from his debt for no other reason but that his  daughter may dispose thereof by her will under her age of twentyone on purpose  to leave the real estate of the testator and which be settle on herself in  tail the more encumber Reg lib a for g the testator devise all his land c in  the county of W and m to trustee and their heir upon trust that they out of  the rend and profit or by lease mortgage or sale thereof or such part thereof  as they shall think fit shall raise so much money as will discharge all the  debt he shall owe at his death and interest for the same and apply the same in  such precedency as they shall think fit and after payment of his debt that  they shall stand seize of such part of the say premise as shall remain unsold  to and for such person and person as shall be entitle to his other settle  estate and if any money remain after payment of the debt the same shall be pay  to his daughter or such other person as shall be entitle to his say other  estate and he give all his personal estate to his say daughter and make her  sole executrix Reg lib so French v Chichester bro p c Fereyes v Robertson bunb  earl of inchiquin v Lord obryen S c by name of earl of inchiquin v French Cox  will and Amb S c samwell v wake bro c c duke of Ancaster v mayor bro c c so  grey v Minnethorpe Ves Brummell peer William er p v Protheroe Ves tait v Lord  Northwick Ves Hartley v hurl Ves bridge v Phillips Ves Watson v Brickwood Ves  tower v Lord rous Ves Aldridge v Lord Wallscourt ba be dolman v Weston dick  Mcleland v shaw Sch Lef but in bampfield v Wyndham pre Charles Wainewright v  Bendlowes vern Amb S c Stapleton v Colville can tempt Talb Whaley v Cox Eq can  ab walker v Jackson atk Anderton v cook and Kynaston v Kynaston cite bro c c  holiday v Bowman cite bro c c web v Jones S c Cox bro c c the intention of the  testator appear sufficient clear to the court to exempt the personal estate  Burton v Knowlton Ves Hancox v abbey Ves Bootle v Blundell mere Gittins v  steel swan green v green mad