c lady GAYNSBOROUGHS case S c vern Eq can ab cite also in p wms lord  commissioner devise heir and executor the Lord Gainsborough devise several  legacy and charge they upon his rutlandshire land and likewise charge his land  with the payment of his debt and make his lady executrix but do not devise to  her all his personal estate in express word but it be in proof that he declare  that his lady shall have his personal estate by five witness of reputation and  my Lord find fault with the will after it be writ because the personal estate  be not give to her and that Mr milner who writ the will tell he that be make  executrix she have it by law without any express gift in this case it be agree  that when there be no intention of the testator appear to the contrary the  personal estate shall in the first place Taitt v Lord Northwick Ves milner v  slater Ves Barnewall v Lord Cawdor mad Gittens v steel Swanst Bootle v  Blundell Meriv appendix c be apply to the payment of debt and legacy as far as  it will extend in aid of the real estate and for the benefit of the heir  whether he be haeres born or factus although it be but of late time that the  haeres factus Pockley v Pockley vern Gower v mead Prec in Charles seem to  confine have that privilege but the course of the court of late have be so  where the will concern land only there no averment shall be take by any proof  whatsoever by parole to supply the defect of it which vary from the sense of  the will in write freeman but so far as concern a personal estate only such  averment may be make because a nuncupative will be good to dispose of a  personal estate trim v bayne Ves Walton v Walton Ves Langham v Sandford Ves  Meriv it be hold in this case by all three of the lord commissioner that the  lady ought to have the personal estate exempt from debt and legacy because the  write will charge all debt and legacy upon the land for there be seven legacy  give and in every paragraph the conclusion be to be pay out of his land and  although parole proof shall not be admit in contradiction of the will yet when  they go only in confirmation and corroboration of what appear to be the  testator intent by his write will there they may be make use of to fortify  it Hurst v beach mad Trevor say there be but one case which make any manner of  doubt in he and that be the case of my lady Middleton and sir Thomas Middleton  who be haeres factus where sir Middleton devise his estate to trustee to raise  money for the payment of his debt and after the debt pay then to sir Thomas  Middleton and yet the Lord chancellor jefferies decree the personal estate to  be first apply and that decree yet stand but he think it may be erroneous in  some thing the decree be that the land shall stand charge with the legacy and  in case my lady be sue for any of the debt as she may be by the creditor she  be to be reimburse out of the land freeman er p