case Serle versus saint eloy at the roll Eq can ab pl pl one devise his land  in d to a his cousin a infant at her age of subject to the encumbrance  thereupon and the rend during the infancy to be pay to her father and devise  all his other land to trustee to pay his debt the land in d be mortgage this  mortgage shall be discharge by money arise from the sale of other land one  seize in fee of land near godalmin in Surre that be in mortgage and likewise  seize in fee of other land devise his land in godalmin to his cousin and  goddaughter jane style at her age of twentyone subject to the encumbrance that  be thereupon and order that the rend and profit of the premise shall during  the infancy of his say goddaughter be pay to her father for her sole use and  devise other land to trustee in trust to pay the testator debt Obj the land in  godalmin be devise subject to the encumbrance thereupon for peer William er p  which reason the devisee must take they cum load and be content to pay off the  mortgage master of the roll contra the devise of the estate subject to the  encumbrance be no more than what be imply for the testator can not do it  otherwise but when the testator devise other land to pay his debt this must be  intend all his debt and consequent the debt by mortgage of godalmin be part of  those debt which be to be pay off out of the money arise by sale of the  trustestate and this be the strong by peer William the testator have appoint  the rend and profit during the infancy of his goddaughter to be pay to the  infant father for the sole use of the infant which be as much as to say that  they shall not go or be apply in discharge of the mortgage and though the  infant by her own bill have submit to pay off this mortgage yet his honour say  he must take care of the infant and not suffer her to be catch by any mistake  of her agent so Prichard v Kinchant Mitf wherefore pay the cost of the day let  the infant amend her bill by the register book this case appear thusThe  testator begin his will by direct that his executor shall pay and discharge  all his just debt and that he shall raise sufficient to pay the samehe then  devise his manor c at godalmin to the plaintiff jane style and her heir at her  age of or marriage subject nevertheless to the encumbrance that be or shall be  upon it at the time of his decease and in the mean time and until she shall  arrive at her say age or marriage the rend issue and profit to be pay by his  executor into the hand of her father or mother whichever shall be live at the  time of the testator decease for the plaintiff sole benefit and advantage He  then devise to his brother Leonard child and his heir the reversion of the  manor of W after the death of m f subject nevertheless to the payment of such  of his debt as shall remain unpay and all the rest of his real and personal  estate not therein before specifical dispose of he devise to the defendant  John saint eloy his heir and assign in trust the same to sell and dispose of  as soon as convenient may be after his decease and thereout to pay his debt  and general legacy and in case there shall be any deficiency and that any of  his debt and legacy shall remain unpay then he charge the same on the  reversion and inheritance of the manor of W and thereby direct the say Leonard  child and his heir to pay off the same within six month after the death of m f  and he make the say John saint eloy sole executor at the time of the testator  death the manor c at godalmin be in mortgage to one hunt for pound the bill  have be amend in pursuance of the abovementioned order and the cause come on  to be hear before the master of the roll his honour declare that all the debt  and general legacy of the testator be by his will to be pay out of his  personal estate and the real estate devise to the defendant saint eloy and  child and that the mortgage of the defendant hunt on the estate devise to the  plaintiff be to be take as one of those debt c Reg lib b fol and this decree  be afterward affirm on appeal by Leonard child to Lord king Reg lib b fol this  case although not always approve of have be consider as a lead authority in  Galton v Hancock atk marchioness of Tweedale v earl of Coventry bro c c duke  of Ancaster v mayor bro c c see Howel v price Clifton v burt vol