BLACKWAY v the earl of strafford administrator cum will fastening of johnson S  c p wms Eq Cas Abr bro PC see Burke v Jones V b in re Stephens Ch d will make  for the payment of debt those bar by the statute of limitation shall be pay  sir Henry Johnson owe the plaintiff a simplecontract debt in the year in at  which time he owe several other debt he make his will and appoint all his just  debt shall be pay out of his personal estate and by sale of part of his real  estate the defendant the earl of Strafford take out administration cum  testament fastening the plaintiff bring his bill for the payment of this debt  to which the defendant plead the statute of limitation select case tempt king  it be insist that the plea be good for that the law extinguish the debt after  six year the remedy be go and a right without a remedy be a absurdity there  can be no reason to sup ose that when he order all his debt to be pay that he  mean to call those debt which the law do not call so have there be no other  debt but this nominal one or have it be particular name then these word may  have compel the payment of it because the word of the will can not else be  satisfy but here they may e contra the debt be not extinguish by the statute  of limitation and if a trust be create it set it up again this have be look on  as the constant justice of this court salk though the remedy be go the duty  remain and this admit of a plain proof if six year incur a promise after will  make he liable which prove that the debt be not go but only the remedy for if  it be there will be no consideration for the promise and it will be naked  bargain beside in other case it be no new thing that there shall be a right  without a remedy if a infant contract a debt not for necessary if he promise  after he come of age that will make he liable there be a case before Lord  Cowper of stager v Welby in which it be decree that a debt bar by the statute  shall be pay he have by will order all his debt to be pay Lord chancellor the  statute be not a extinguishment of debt it be subsist in conscience else it  can not be set up by a promise if there be a promise it be not as a new one  but a recontinuance of the old it be true as to the manner of payment that can  be alter by his will bonddebt will be first pay vide coppin v coppin and if in  such a case as this without charge the real estate if there have be a residue  after payment of debt not bar by the statute these will have a right to be pay  after those which be not bar I have no difficulty but you may look select case  tempt king er p into the case of stager v Welby where you say it be plead and  after on examine that case it be find so to be