case Hanby against roberts a additional legacy to a charge upon real and  personal estate other legacy not charge upon the real estate if a exhaust the  personal estate the other legatee shall have satisfaction out of the real  estate devise lib Reg a foe b nom Hamli v fisher W Robert by will give several  legacy to the defendant and other and devise his real estate in trust for two  person who be his heir at law who by descent take as coparceners and by a  codicil he give over and beside the legacy in his will another legacy of pound  to defendant which he direct his executrix and trustee to pay and thereby  charge all his real and personal estate whatsoever with payment thereof the  personal estate be exhaust in payment of the pound legacy ambler Q if the  other legatee shall not stand in the place of the pound legatee to be pay out  of the real estate Lord chancellor I have have no doubt from the time I hear  the will and codicil read and all the argument use at the bar confirm I in it  question on the rule of the court in marshal asset and fund than which there  be not more useful power in this court for where there be creditor and legacy  to child for their portion if the law be to have its full force though the  reason of it be good when it be original frame vet in case the creditor be to  exhaust the personal estate it will be to the ruin of family the present be a  devise to the heir at law but be such as they must take by purchase by the  codicil pound be give to the defendant over and above all other legacy give  her by his will and he declare his intention and meaning to be that  notwithstanding any bequest or devise his real estate shall be subject to such  payment of pound as aforesaid I shall consider it as if this clause have be  insert in it and be a clause of the will itself and the testator have direct  that it shall be take as part of it and if they be ambler er p consider as one  instrument there must be one uniform intention and that support as far as may  be objection by plaintiff there be no ground to say the pound shall be  original charge on the real estate nor that the other legatee shall come on  the real estate in the place of the legacy of because the real estate be  devise and it be as much the intention of the testator that the devisee shall  have the real estate as it be that the legatee shall have their legacy whether  this can be do be the question be of opinion it may one rule of marshal asset  be clear if there be debt by specialty and legacy and no devise of the real  estate but it descend if the creditor exhaust the personal estate the legatee  may stand in their place and come upon the real estate this be against a heir  at law it be as clear if one devise his real ambler estate and give general  pecuniary legacy not charge on that real estate and die leave specialty debt  and the specialty creditor exhaust the personal estate the legatee shall not  stand in their place and come on the realty because it be the intention of the  testator that the devisee shall have the real estate as well as the legatee be  pay and therefore if one have only personal estate and give specific as well  as general legacy if the creditor exhaust the general asset yet the general  legatee shall not stand in their place and come upon the specific legacy but  if one have land and personal estate make his will be indebt by specialty and  he give specific legacy and then give the rest and residue of his real and  personal estate vide Bowaman v reeve pre Chan if creditor exhaust the  personalty the legatee may stand in their place and come upon the residuary  devisee because he have only the rest and residue in the present case there be  general pecuniary legacy and in a subsequent clause consider the codicil as  such a pecuniary legacy be give of pound which he charge on both his estate  query whether the other legatee shall stand in the place of the pound legatee  be of opinion they ought and that it be the testatorsintention the testator  have express charge his land with the pound and I do not see how this case  differ from the case put at the bar one indebt by simple contract have land  and personal estate and begin his will by charge all his estate with payment  of his debt and then after give general legacy devise his real estate by way  of specific devise the simple contract creditor exhaust the personal estate  shall not the general legatee stand in their place and come on the real the  court will order it so that every body may have satisfaction and the whole  intention comply with by the word over and above in the codicil the testator  mean the defendant shall have the legacy give her by the will suppose the have  exhaust all the personalty shall she not have that small legacy in the will  out of the realty she certain will ambler second question whether the land and  legacy shall bear the burden in proportion to their value but no ground for it  nor be it the intention of the testator nor be there any case where it have be  do therefore c the testator by his codicil after charge all his real and  personal estate with payment of the pound legacy direct and declare that  notwithstanding any devise or bequest by he to the contrary make of his real  and personal estate by his say will or by any other codicil to his say will  yet such bequest and devise be nevertheless to be take as subject to and  liable in the first place to the payment of the say legacy of pound and  interest Culpepper v Ashton Ch can Bowaman v reeve pre Ch tip v tip p W Lucy v  gardener bunb Lutkins leigh can t Talb Clifton v burt p W haslewood v pope p W  Scott v Scott post Keeling v brown Ves Herne v Meyrick p W forester v leigh  post the decree direct the personal estate to be apply in the first place to  the payment of the debt and funeral expense and after payment of the debt and  funeral expense the residue to be apply to the payment of the say legacy of  pound and if any surplus of the personal estate remain after payment thereof  then the same be to be apply in satisfaction of the other pecuniary legacy and  if the same be deficient then that a sufficient sum for the payment of the  same not exceed what shall have be exhaust out of the personal estate towards  satisfaction of the say legacy of shall be raise out of the say testator real  estate by sale or mortgage ambler er p