case in chancery Hixon against Wytham where land be devise for payment of debt  and legacy both to be pay equal except such debt as charge land for equality  be equity clement Wytham seize in fee make a write in this form this indenture  make the day of c between clement Wytham of c of the one part and James orbel  of c William Skinner of c of the other part whereas there be diverse debt owe  to clement Wytham and have a intention not only to raise portion for his young  child but also to raise money for the payment of his debt although his  personal estate come not in now the say clement Wytham in consideration of  pound do grant bargain and sell to the say James orbel and William Skinner all  those land c mention the land but not estate on trust to sell after his  decease the money raise by sale to be employ as follow and name diverse person  to receive several sum and the rest of my say money and my plate and other my  personal estate of I the say clement and here in this part change the person  and speak in the first and not in the three person I give and bequeathe in  manner follow and appoint to several person several sum and then add I hereby  name the say James orbel and William Skinner my executor to the use aforesaid  saint it be question whether this be a will or not be make in the form of a  indenture and as above but the defendant desert that point and yield that it  be a will and the Lord keeper accord d the plaintiff be creditor of clement  the testator and sue to be satisfy out of the trust they not be name and on  his sale if the particular legatee be pay little or nothing will be keep and  there be no clause in the will that his debt shall be pay but on the other  side the word have a intention not only to provide portion c but also to pay  his debt c and make his executor to the use aforesaid refer to the whole the  Lord keeper pronounce this decree that the plaintiff S the creditor shall be  pay before the legacy and not only in proportion but before they for a man may  not give but what be his own but what he have ultra a another therefore in the  legacy shall come into the trust after the debt but a debt without specialty  be as case in chancery much as a debt jure physical scientist and in  conscience as a debt by specialty and therefore there shall be a equality with  debt by specialty where conscience be the judge but the Lord keeper be urge  that the precedent of the court have be otherwise videlicet that when land be  to be sell for payment of debt and legacy by trustee the legacy be in equal  degree with debt unless it be such debt as charge the land and the reason be  because only the will of the owner make the land liable and give no preferment  to the one before the other thereupon the Lord keeper give time to present  precedent to he case in chancery er p