TESSIER v. WYSE.—3 BLAND. 31

bond debt of his * ancestor, then he may, by bill in equity,
upon the ground that the personal estate is there considered 42
as the primary and natural fund for the payment of debts, obtain
reimbursement from the personal estate, if any, in the hands of
the executor or administrator. Howell v. Price, Prec. Cha. 477; S.
C. Gilb. Rep. 106; Armitage v. Metcalf, 1 Cha. Ca. 74; Anonymous,
2 Cha. Ca. 4; Popley v. Popley, 2 Clio,. Ca. 84; Wolstan v. Aston,
Hard. 511; Edwards v. Warwick. 2 P. Will. 175; Bootle v. Blundell,
19 Vex. 518.

If however, a specialty creditor to whom the heir is bound, in
stead of suing at law, files his bill in equity to obtain satisfaction,
by having the whole estate of his deceased debtor, real and per-
sonal, administered in equity for the benefit of himself and all other
creditors; and, for that purpose, as he must, calls before the Court
the executor or administrator with the heir and devisee, if any, of
the deceased, the Court will, having both funds under its imme-
diate and absolute control, without any material delay or injury to
the creditors, order the personal estate, as the primary and natural
fund, to be first applied, as far as it will go, in satisfaction of the
debts; and thus, at once, place (he burthen where it ought to rest;
without allowing the creditors to enforce payment from the heir,
as at law; and then leave him to seek reimbursement from the
personal estate. Plunket v. Pennon, 2 Atk. 51; Madox v. Jackson,

paid for the said land, did therefore assure the said complainant, that as soon
as he came to ago he would confirm the said land to the said complainant
and his heirs forever, as aforesaid. And whereas, the said John Rawlins
being since arrived to full age, hath been requested by the complainant to
seal and execute a good and legal conveyance of the said land to the said
complainant, and doth not absolutely deny to do the same; but is willing to
do it to the said complainant and his heirs forever; provided, be may be
saved harmless from his father's creditors. And forasmuch as the said com-
plainant hath therefore prayed for the decree of this honorable Court to
force the said John Rawlins to complete the said conveyance to the com-
plainant. And forasmuch as the said John Rawlins by his letter directed to
the register of this honorable Court, here in Court produced and dated
August the 13th, 1695, has declared, that he owns the said three hundred
acres to have been bought from his father John Rawlins, deceased, by the
complainant, and that he is content, that a decree of this honorable Court
shall pass, that the said John Anderson may have the said land to him and
his heirs forever.

This honorable Court upon hearing the whole matter in the bill and letter
aforesaid contained, do order, adjudge and decree, that the said John
Rawlins shall execute to the said John Anderson, such deed and conveyance
of the said three hundred acres of land, as the said counsel of the said com-
plainant shall devise or direct for the confirming the same to him and his
heirs forever, with general warranty. And in the meantime the said com-
plainant to hold and enjoy the said land free from all incumbrances whatso-
ever, to him and his heirs forever, according to the original contract made
between the said complainant and the father of the said John Rawlins, as in
the bill is mentioned.—Chancery Proceedings, lib. P. C. fol. 305.