Barnardiston carter and Lord Colrain July where a book of account be read as  evidence by one side by way of charge may be read as evidence by the other  side by way of discharge in Hugh hare enter into two bind to two of his  daughter for the payment of pound each by way of satisfaction for the share  which they may be entitle Barnardiston er p to in their mother S jewel in the  same year Hugh hare die leave a will whereby he devise a copyhold estate of  his to be sell for of his debt by this will he make his child residuary  legatee and appoint his father the Lord Colrain together with mill to be his  executor on the death of Hugh hare the Lord Colrain be the principal act  executor but be deliver no inventory of hare be estate however in a year or  two after his death the Lord Colrain himself die leave his wife the lady  Colrain his executrix and thereupon I n the lady Colrain and mill come to a  account together touch the estate of hare and that account be balance between  they this account be make up by book keep b the late Lord Colrain by the item  of the account in this book it appear that several of they relate to payment  make by the late Lord Colrain for maintenance money pay to the child of hare  and for other matter arise since hare be death nor do it express appear on the  face of the account that any one of the sum be for debt owe by hare however in  this account there be a sum of S for the expense of mill which he be at in the  ExchequerOffices relate to some tally belong to hare in the two child of hare  to who the two bind beforementioned be give make a assignment of they to lady  Colrain for a valuable consideration in lady Colrain die and make carter her  executor thereupon he bring his bill against the present Lord Colrain to who  the real estate of hare descend Barnardiston set forth that the personal  estate of hare be not sufficient to pay these bind and pray in consequence of  that that the same may be pay out of that part of the real estate of hare  which descend to he in the Cause come to be hear and a decree be make that in  the first place a account shall be take of the personal estate of hare that  the same shall be apply in a course of Administration and in case that estate  shall be deficient that the plaintiff shall have a satisfaction for the bind  out of the real estate descend from hare to the present Lord Colrain this  account come to be take before the master the defendant bring in a charge of  the personal estate of hare take out of the book wherein the account  beforementioned be sign between the lady Colrain and mill however he insist  that the whole of the book be not thereby make evidence for the plaintiff and  far contend that at least he be not bind to allow of the particular item set  forth in that account but the master be of a contrary opinion and that the  balance of the account be conclusive upon he and report the same accord to  this report of the master exception be now take and the principal one be that  none of the item of the discharge part of the account ought to be allow the  attorney general argue in support of the exception and say that he shall not  contend but in general where the item of a book be produce by one of the party  by way of charge upon the other the rest of the book become evidence against  he by way f discharge but submit it that the present case be distinguishable  out of that rule by reason that no inventory of the estate of hare be take by  his executor and therefore that the defendant have a right to charge the  plaintiff out of this book in the place of a inventory and that upon that  account the plaintiff shall not be allow to give evidence for himself out of  the discharge of it Barnardiston at least he submit it that the defendant will  be at liberty to dispute all the item in the discharge part of that account by  show that upon the face of it they can relate to debt contract by hare and  that if they do not the defendant will not be liable for he be to stand in the  place of the creditor of hare the personal estate be direct to be apply in a  course of Administration in the first place so that if these payment in the  discharge part of the account be for maintenance of the child or otherways  voluntary for they who be residuary legatee the defendant may object and say  that those payment ought not to be allow in as much as there be debt stand out  even debt insist on on the part of the plaintiff Mr Cox argue on the same side  and to show that the discharge part of this account can not even be read as  evidence for the plaintiff he cite Abr of case in equity Lord chancellor say  his opinion be in as much as the defendant read that part of the book for he  wherein be contain the charge part of the account that the plaintiff be  entitle to read the discharge part of it as evidence for himself Barnardiston  er p and this be the general rule of the court that where a paper be produce  by one of the party from which he take his charge the same paper may be read  by the other party by way of discharge from this general rule the counsel for  the defendant have endeavour to distinguish the present case by reason that  here the executor of hare omit the deliver in a inventory and that by that  mean the defendant be deprive of make such charge upon the plaintiff as  otherways he may and therefore it have be say that the defendant shall be at  liberty to take his charge from the book of account keep by one of the  defendant and that he may do this in the place of the inventory but his  lordship say that he do not think the omit to deliver Barnardiston in a  inventory be such a misbehaviour as will entitle the defendant to have his  case distinguish from the ordinary rule that have be mention and his opinion  be that in the present case the discharge part of the account will be evidence  for the plaintiff with regard to the fact of payment mention in the several  item of that part of the account but notwithstanding this his lordship opinion  be that the defendant be quite at liberty to object to the particular item in  that part of the account by show that those item ought not in the nature of  they to be allow to exhaust the personal estate of hare as against he with  regard to this part of the case the fact be this the plaintiff make his demand  against the defendant as he be the executor of lady Colrain lady Colrain be  assignee of two bind from two of the daughter of hare which hare have give  they by way of satisfaction for their share in their mother jewel the bind be  enter into by hare to the man and he die in the same year the bind be assign  to lady Colrain in the plaintiff bring this bill to have a satisfaction for  these bind out of the real asset of hare descend to the defendant however the  real estate be not to be liable but in default of the personal the personal  estate be therefore to be account for on the death of the late Lord Colrain a  account be make up relate to this personal estate between the lady Colrain who  be his executor and mill the survive executor of hare this account be make up  in and the question be how far the item in that account contain in the book  keep by the Lord Colrain shall be bind upon the defendant and that question be  reduce to this how far those item will be bind upon the creditor of hare or  those that stand in their place and his lordship opinion be that those item  ought not to be allow as against they and the defendant be a person stand in  the place of the creditor the decree direct that a account shall be take of  the personal estate of hare and that it shall be apply in a course of ad  Barnardiston rainistration the meaning of these word be that the personal  asset shall be distribute in the first place for the payment of hare be debt  and that accord to their priority the defendant therefore be entitle to see  that those asset be right distribute and that the child who be the residuary  legatee do not run away with they to the prejudice of those creditor and upon  look into this account it appear that the item do in every instance except in  relation to the S pay by mill relate to payment make to those child and those  payment may be to they mere as they be residuary legatee it be manifest that  some of the item relate to payment for thing after the death of hare and when  some appear to be of that kind his lordship say he will not presume that the  other be not of the same kind and he will not make a distinction where the  party themselves do not appear to have make any for these reason his lordship  say that he will disallow of all the item in the account as against the  defendant except the item of S and so his lordship be please to order accord