¶1 It is not necessary to decide whether the-•charge on the property left to the wife for the payment of •debts, is confined to the personal property, or embraces the-land as well, for we are of opinion that, as the legacy to the-, daughter lapsed by her death, and the property given to her was undisposed of, it is the primary fund for the payment of debts. As between the wife and the daughter, the testator charged the property given to the former with the payment of his debts, but the death of the daughter changed the whole-matter, and the case then falls under the general rule, that property undisposed of, is first to be applied to the payment of debts, for the reason, that although as between specific legatees the testator makes a charge on the property given to one, for the remuneration of the other, there is nothing to show that he intended to make the same preference in favor of his next of kin, or heirs at law, upon whom the property devolves, not by his act, but by the act of law, and they take cum onere, and take subject to the payment of debts in the first instance, and have no ground to put that burden upon one who is the special -object of the testator’s bounty. It will be declared to be the-opinion of the Court,' that the personal estate and the land which is not disposed of by the Will, must first be applied. Should it be necessary to resort to the land given to the widow, she will then be entitled, under the provisions of Rev. Code, *87 ch. 118, s. 8, to the quantity to which she would be entitled by right of dower, which shall not be subject to the payment of the debts of her husband, during the term of her life.
¶2 Per Curiam. Decree accordingly.