case sir John Talbot alias ivory versus duke of shrewsbury all ante and  reference pale yellow Chan Eq Abr pl S c pale yellow Eq Rep S c salk salk wms  wms wms vezey atk a debtor without take notice of the debt devise a sum as  great or great than the debt to his creditor this shall be a satisfaction by  if it be devise on a contingency or it be less than the debt in this case it  be say by Mr Vernon and agree to by the master of the roll that if one be  indebt to another in a sum of money do by his will give he as great or great  sum of money than the precedent in chancery debt amount to without take any  notice at all of the debt that this shall nevertheless be in satisfaction of  the debt so as that he shall not have both the debt and legacy but if such a  debt be give upon a contingency which if it shall not happen the legacy will  not take place in that case though the contingency do actual happen and the  legacy thereby become due yet it shall not go in satisfaction of the debt  because a debt which be certain shall not be merge or lose by a uncertain and  contingent recompense for whatever be to be a satisfaction of a debt ought to  be so in its creation and at the very time it be give which such contingent  provision be not and cite the case of one pollexfen to be so adjudge by the  Lord Harcourt and affirm on a appeal in the house of lord and as it be in the  case of a will so it will be likewise if the provision be by a deed if the  provision be absolute and certain it shall go in satisfaction of the debt but  if it be uncertain and contingent it can be no satisfaction because it can not  be so in its creation and the happen of the contingency afterward will not  alter the nature of it another point in this case be that land be devise to  trustee in trust out of the rend and profit to raise money to pay debt and to  settle the land themselves to several use but because it appear that the rend  and profit of the land annual will not satisfy the debt in any reasonable time  a account be direct to be take of the testator personal estate and what that  fall short to pay off the debt be to be make up by a sale of part of the say  estate and the master of the roll say this be the common course of equity  where the rend and profit be not sufficient to pay precedent in chancery er p  the debt in a reasonable time but if it have be direct to be raise out of the  rend only it will have be otherwise note pasch d George Mr Vernon cite a case  of Shelton and dorm in my Lord some time where a precedent in chancery like  decree be for a sale of the land for payment of a portion devise to be pay at  a certain time out of the rend and profit of such land it appear that the  annual rend be not sufficient to raise the portion by the time though in that  case the land subject to the portion be devise over to several other in  remainder one after another but if any word in the will show the testator  intent that they shall be raise out of the annual produce only no sale shall  be decree in this authority the above position seem to have be overrule by sir  I Jekyll who observe that if the testator mean the legacy shall be take as a  satisfaction he will certain have take notice of it t in the case of Nicholls  v Judson atk it be observe by the master of the roll that though the general  rule be that a legacy which be great or as great as the debt shall be take to  be a satisfaction and too well establish to be mistake yet in late case where  there be particular circumstance or a presumption that the testator intention  be not that the legacy shall be in presumption of the debt they have lean  against the rule so far as to hold it not to be a satisfaction of the debt  accord to the most modern decision it be presume that the legacy must be in  all respect the same noble birth to cause a satisfaction of the debt and a  apparent intention in the will that the testator mean it as such precedent in  chancery de boundary paschae in curian porter