chancery report smith con hopton car f the heir land relieve c that sir Owen  smith do borrow of Humphrey Beddingfield pound and for the security thereof  make a lease of the land in Wighton and Walsingham for year and also be  otherwise indebt and for the payment thereof the say sir Owen car convey other  land to one sander and afterward in August car recite the last deed convey to  trustee several land to the use of sir Owen for life and afterward to the use  of sir Thomas Hopton and Arthur Hopton and their heir the say land and premise  on trust to sell the same for the payment of debt and legacy that the say sir  Owen in die without issue whereby the reversion in fee of the lease premise  descend into Thomas smith the plaintiff father as uncle and next heir to the  say sir Owen and that at the death of the say sir Owen pound of the pound  remain unpay the say Thomas smith and the plaintiff to save the forfeiture pay  the same to the say Beddingfield and the plaintiff as heir to the say sir Owen  and his surety be force to pay diverse of his debt and chancery report the  plaintiff father die and the plaintiff be both their heir and executor who be  at the request of the say sir Owen smith bind as surety for he in several  obligation and the plaintiff suit be first to compel the defendant the lady  smith be executrix of the say sir Owen smith who have possess her self of his  personal estate to reimburse the plaintiff the say pound pay by the say Thomas  smith the say plaintiff father and the plaintiff out of the personal estate of  the say sir Owen it be a debt mention in the deed aforesaid and the plaintiff  insist that in case there be a personal estate sufficient to satisfy debt the  same ought not to lie upon the heir who though this court will not discharge  against the creditor yet this court have often relieve against the executor  and administrator for a reimburse of such debt as he shall so pay so far as  the personal estate will extend and the plaintiff insist to have the pound if  not out of the personal estate then out of the sale of the say land appoint to  be sell as aforesaid and also to have satisfaction for the debt for which the  plaintiff be bind for the say sir owe smith chancery report this court order  the plaintiff to produce precedent where relief have be give to a heir against  a executor or administrator touch the say pound the defendant confess the  charge of the bill to be true this court be of opinion that the defendant the  lady smith be privy to the trust aforesaid be liable to satisfy the debt of  the say sir Owen so far as the land which she purchase of the say Owen smith  will extend