case trot all versus vernon pre Ch Eq can ab pl pale yellow Eq Rep III S c one  by will devise that his debt and legacy shall be pay in the first place and  then devise his land to his sister for life remainder to her issue remainder  over and make the sister executrix decree the land to be charge with the debt  sir Henry Boothby make his will and thereby will and devise that his debt  legacy and funeral shall be pay in the first place item and subject to the  same devise r l he give to his sister several manor and land for life  remainder to her issue if any remainder over to other and after some legacy  give make his sister executrix who marry the defendant math Vernon and die  leave issue the other defendant the infant the plaintiff be creditor of sir  Henry Boothby by simple contract the question be whether the real estate there  be not sufficient personal asset be make subject and liable to the debt by  simple contract for the defendant it be insist that there be no direct charge  upon the land and the clause Willing his debt and legacy to be pay in the  first place do not necessary imply that his land shall be charge therewith and  the rather because it include even legacy and funeral and the devise to his  only sister who be his heir at law be not the better to enable her to perform  the will or to give any thing to her for that purpose but to prevent her from  take as heir at law and to secure the estate to her issue and remainder man  and give her bare a estate for life which be not a proper fund for payment of  debt legacy and funeral say non allocatur Vernon chancery case Lord chancellor  it be but natural to suppose that all person will provide Vernon chancery case  er p for the payment of their just debt and direct they to be pay in the first  place import that before any devise by his will shall take place his debt c  shall be pay and he seem to lie some stress upon the word devise and decree  the real estate to be liable to the payment of the debt the word of the decree  in this particular be and his use the word devise in his say will must mean  some benefit and the plaintiff can have no devise shall not their debt be  charge on the real estate for without the word devise they will have be pay  there debt out of the personal estate so far as the same will extend and that  this will be execute in the same manner so as to charge land Reg lib b fol and  in Keeling v brown Ves where testator will and direct that all his just debt  and funeral expense shall be pay and discharge by his executor and then devise  his real estate and the personal estate sufficient to pay debt but not all the  legacy Arden master of the roll refuse to marshal the asset in favour of the  legatee and give in it all as a reason there be no devise no trust in they of  the real estate which be all otherwise dispose of so Powell v robin Ves where  however asset marshal in favour of simple contract creditor but in the case of  stranger v tryon June ms on the will of Robert tryon clerk where the word be  in the first place I will that all my just debt and funeral expense be full  pay and satisfy and then testator give and devise in it all his copyhold land  which he have surrender to the use of his will to his wife for life remainder  to his daughter and her heir charge with certain annuity and give the residue  of his estate and effect to his wife sir Thomas jewel hold the copyhold liable  to make good the deficiency of the personal estate for payment of debt Reg lib  b fol Reg lib b fol so as to real estate in a case of key v townsend Feb where  testator after direct his debt and funeral expense to be full pay and  discharge give and bequeathe his estate both real and personal to his wife and  townsend with full power to dispose settle and distribute the same among his  six child as she shall think proper and his will be that she shall make choice  of Mr W f attorney at law to assist her in settle dispose and distribute his  say estate both real and personal among his say child in the best and most  just manner they can contrive and devise the decree declare that the testator  real estate be Chargeable with his debt as a auxiliary fund to make good the  deficiency of his personal estate for payment thereof Reg lib a fol as to the  mode by which real estate charge with payment of debt vide Newman v Johnson  ante Vol Clowdsley v Pelham ante vol p and case cite in note there and for the  case on marshal asset Sagitary v hide ante vol p