case dolman versus smith all Lord chancellor Feb pre Ch pale yellow Eq Rep S c  a direct his debt and legacy to be pay out of the rend of his real estate and  that his executor shall receive the rend until his nephew come to the age of  and to pay the surplus of the rend to his nephew at and devise the residue of  his personal estate to his nephew the nephew die a infant cur if this bequest  of the surplus of the personal estate have be to a stranger or a three person  he shall have have the personal estate discharge of the debt but the surplus  of the personal estate and the land be give to the same person the surplus of  the personal estate be not intend to be exempt from the debt sir Thomas dolman  by his will direct that his debt legacy and funeral shall be pay out of the  rend and profit of his real estate and that his executor shall receive the  rend and profit of his real estate until his nephew Thomas Burgundy dolman  attain his age of twentyfive and after debt legacy and funeral pay they to pay  the residue of the rend and profit to his say nephew at his age of twentyfive  or such other person to who the next reversion of the premise shall belong at  the age of twentyfive year with remainder in default of heir male of the body  of the say Thomas Burgundy dolman to plaintiff Lewis dolman and the heir male  of his body the like remainder to the plaintiff Dorothy remainder to defendant  remainder to the right heir of defendant creamer for ever r l as to his  personal estate he devise part to mrs smith and other part to other person and  other part to go as his heirlooms and then devise the rest and residue of his  good chattel and personal estate unbequeathed to his nephew Thomas Burgundy  dolman Vernon chancery case Thomas Burgundy dolman die a infant the question  be whether the residue of the personal estate not particular devise shall go  to the administrator and representative of the say Thomas Burgundy dolman as  exempt from payment of debt and legacy or whether the personal estate not  particular devise shall be apply to pay debt and legacy in exoneration of the  real estate and if so the same will be total exhaust in payment of debt and  legacy and the devise of the residue of his personal estate idle and vain Lord  chancellor the debt legacy and funeral be charge on the real estate and to be  pay out of rend and profit if the residue of the personal estate unbequeathed  have be devise to a stranger or to a three person he shall have have it free  and exempt from payment of debt but the devisee of the surplus of the personal  estate and the devisee of the land be one and the same person upon  consideration of the whole will he think the surplus of the personal estate be  not intend to be devise to he free and exempt from payment of debt the word of  the decree on this point be which real estate and surplus profit he design  shall not be receive by his devisee till his devisee who shall first take  shall attain his age of twentyfive year so that his intent be to increase and  enlarge the estate of the devisee of his real estate as much as possible and  there not be any express word in the say will to exonerate the personal estate  from the payment of debt to which by law it be liable in the first place to  construe it to be exempt from payment of debt and legacy in order to put the  large personal estate into the hand of the first taker of the real estate  before that age whereby it may fall as it have do to a administrator will not  be accord to the will but contrary to the say intent of it which principal  favour the taker of the real estate Reg lib a fol the bill be by Lewis dolman  and Dorothy dolman infant the two next in remainder after Thomas Burgundy  dolman as to the real estate who also claim the residue of the personal estate  enter dolman v Weston vide on this subject Trott all v Vernon ante p  wainwright v Bendlowes ante p and case cite in not there respective Vernon  chancery case er p