case dolman and smith vern S c ante pale yellow Chan pale yellow Eq Rep Eq Abr  pl S c a direct legacy to be pay out of the rend of his real estate and that  his executor shall receive the rend until his nephew come to the age of year  and to pay the surplus of the rend to his nephew at and devise the residue of  his personal estate to his nephew the nephew die a infant the surplus of the  personal estate not be give to a stranger but to the same person to who the  land be give can be take to be exempt from the debt sir Thomas dolman by will  the that of February devise all his household good and furniture to the  defendant Sarah smith and pound to the plaintiff Dorothy dolman his niece  Payable at and likewise pound to the plaintiff Lewis dolman Payable at then he  devise all his manor land tenement and hereditament to trustee and their heir  in trust for the payment of his debt legacy and funeral and do by will express  charge they with the payment thereof then he direct that his trustee shall  receive the rend and profit of his say estate till his nephew Thomas Burgundy  dolman shall attain his age of year and thereout to allow he pound per and and  per and apiece to the plaintiff Lewis and Dorothy till they shall all three  attain their respective age of year then he devise the residue of the rend and  profit of the say estate together with the say estate to his say nephew Thomas  Burgundy dolman in tail male remainder to the plaintiff Lewis and Dorothy in  tail male successive remainder in irk manner to three of the defendant with  remainder to the right heir of one of they who be a stranger and no relation  to the family then he devise several thing to go along with his estate as  heirlooms and afterward devise all precedent in chancery the rest and residue  of his good chattel and personal estate before unbequeathed to his say nephew  Thomas Burgundy dolman and make the trustee his executor and die Thomas  Burgundy dolman die about a year after without issue be then of the age of  nine year only the plaintiff mary his mother administer to he and the only  question be whether the personal estate in this case belong to the  administratrix of Thomas Burgundy dolman exempt from debt legacy and funeral  expense or if the personal estate shall be apply in the first place towards  satisfaction thereof notwithstanding this express charge on the real estate  for payment thereof but which way soever it be take it be agree the surplus of  the personal estate shall be subject to distribution between the mother and  the plaintiff Lewis and Dorothy it be urge for the plaintiff that he have in  this case ante and n express charge his real estate with the payment of his  debt legacy and funeral expense and therefore the personal estate ought to be  exempt therefrom that he have specifical devise away a considerable part of  his personal estate and that without question precedent in chancery er p be  not subject thereto no more as it be urge can the residue in this case because  the devise of it by such general word be only to save the trouble of enumerate  particular which if the testator have do that will have make it a specific  devise thereof and consequent as much exempt as the particular before devise  that the devise be of the residue before unbequeathed so that every thing but  what be before bequeathe or devise must pass by this clause and no room leave  to confine it only to the residue after debt c which if the word have be  general may have be suppose the intent of the testator on the other side it be  urge that the personal estate be the natural fund for payment of debt that if  there be no clause to exempt it this court have always subject it in the first  place notwithstanding precedent in chancery any devise of the real estate for  payment thereof that the personal estate have be make liable in this court  where the real estate have be express devise to be sell for the payment  thereof where the land be to be sell out and out the testator can not be  suppose to have any regard to his heir that the charge his real estate in  these case be only in aid of his personal estate in case that shall not be  sufficient that the heres factus ante as well as the heres born have always be  allow the benefit of the personal estate towards satisfaction of the debt in  the first place ante brown parliament case that if a estate descend with a  encumbrance to the heir that he shall have the aid of the personal estate to  disencumber it but to this Mr Vernon say that that can be only where there be  a express covenant for payment of the money which descend in point of lion  along with the estate yet by reason of the covenant which be personal the  executor shall be bind to discharge it out of the personal estate in the first  place but there be no pretence in the world that if a man purchase a estate  subject to a encumbrance that his heir shall have aid of the personal estate  to disencumber it tweddell v tweddell determine upon demurrer July that my  Lord chancellor on the whole frame of the will be of opinion that the personal  estate be to be apply in the first place in ease of the real estate first  because there be no express clause to exempt the personal estate and that have  be always the distinction take in this court with brown Rep Lord Thurlow  decree dly it appear that the heir of this family be not to have the real  estate till his age of year nay not so much as the rend and profit which shall  actual fall and become due before that age that the testator appear throughout  to carry a very frugal intention and therefore will allow his heir no more  than pound a year for his maintenance and that too carry beyond the usual time  of his age of year for he be to be trust with nothing more even till his  precedent in chancery age of year and can it then be think he intend  indefinite to trust he with the personal estate without limitation to any age  so that he may squander it all away and waste it as soon as ever he come to it  that both the real and personal estate in this case be to come into the same  hand and therefore he can have no such frugal intention with regard to the one  and leave it so lose as to the other that if the personal estate have be  devise to a stranger it may have have another consideration from the meaning  of the word before unbequeathed but here he think it can not and accord decree  the personal estate to be subject in the first place to the debt and legacy