a devise freehold land to his brother b in trust for payment of his debt and  legacy and make the defendant his executor and die but the will not be furnish  with word requisite for pass the land they descend to the heir who enter the  testator be indebt to some person upon judgement and bind andto other upon  simple contract the executor pay off the debt upon judgement and bind out of  the personal estate leave the debt upon simple contract undischarged the heir  convey the land to the defendant for a valuable consideration plaintiff a  simple contract creditor exhibit his bill for a account of the personal estate  to be satisfy out of that and if the personal estate fall short then to be  satisfy out of the real estate make his equity that defendant have notice of  his demand before the purchase and that if the judgement debt and bind debt  have be answer out of the real estate which they affect then there will have  be a fund sufficient to answer plaintiff demand insist for defendant that the  judgement debt and bind debt be to be satisfy before simple contract and if  the executor have discharge the simple contract debt and leave the other  undischarged it will have be a devastavit in he as to the notice it be deny  that there be any and then the case be no more than this a man be indebt and  his debt be of that nature as to affect the land die and leaves land which  descend to the heir if the heir do sell before a original bring or bill  exhibit the valuable purchaser without notice shall not be charge and the  defendant be executor do not alter the case but Lord chancellor say he think  the purchaser in the case very much affect it for he can not suppose he to be  ignorant of the plaintiff equity here be debt due upon bind and personal debt  and the executor have asset in his hand to discharge the latter and he have  notice of the real estate and the encumbrance he ought to manage so that the  personal debt shall be discharge and the heir to take care of the debt Lien  upon the land decree a account to be take of the personal estate and his  lordship say if that prove insufficient then the question will arise whether  the purchaser or the executor be liable to the demand he say the case be  strong in its circumstance that there be a good understanding between the heir  and the executor however strict justice require that the master inquire of the  notice if the personal estate prove deficient he think it high reasonable he  shall answer so much as be apply to judgement and bind debt and say he shall  so decree but he find the heir at law be insolvent Trin Ann hunt and Bletroe  ms Rep