atkins case bartholomew v may February the that a devise land to r m in tail  then in mortgage for pound and devise other land to t m subject to the payment  of his debt in case his personal estate shall not prove sufficient the pound  must be pay as a debt out of the testator personal estate and if deficient out  of the real estate so devise to t m where a mortgage be make by a person who  be owner of the estate that mortgage be look upon as a general debt and the  land only as a security and therefore personal estate shall beapplied in  discharge but if the contest lie between r m and creditor of the testator it  will have be otherwise the testator may devise his land at Hadlow to Richard  may in tail remainder over c then in mortgage for pound and devise other land  to Thomas may subject however to the payment of his debt in case his personal  estate and other estate devise for that purpose shall not prove sufficient to  satisfy all the debt Lord chancellor I be of opinion that the pound must be  pay as a debt of the testator out of the personal estate or if that prove  deficient out of the real estate so devise so Tweedale v Coventry bro Charles  Rep see Mr Cox note to Howell v price p W and to Evelyn v Evelyn p W for  wherever there be a mortgage make by a person who be owner of the estate that  mortgage be look upon as a general debt and the land only as a security and  theref over the personal estate shall be apply in discharge of the pound  though there may be young child of the mortgagor who may be no otherwise  provide for but I think clear the case will be otherwise if the contest be  between Richard clay and any creditor of the testator who will lose their debt  if the mortgage be so pay off out of the personal asset or the money arise  from the sale of land devise for that purpose in the case of Lovel v Lancaster  vern it be lie down otherwise that the devisee of the mortgage estate shall  take it cum load but I do not pay any great regard to it because it do not  appear whether there be a sufficiency of asset or not to satisfy the rest of  the creditor N B his lordship say in this case that where a testator devise  express that the timber upon a particular estate shall be cut down for payment  of debt it be a hardship upon the first taker of the estate but he must submit  for here the timber be devise one way and the estate another for the timber be  devise to Richard may and his heir upon trust to cut down and sell for  discharge of debt c and this be the strong case that can be of the kind but  the devisee of the estate may buy and so prevent the deface of the estate  atkins his lordship declare that the mortgage for pound on the testator estate  atkins er p at Hadlow and interest thereof be a debt of the testator to be  satisfy out of his personal estate and trust estate Reg lib a fol