The position can be complicated where real1 and personal2 estates are disposed of together. Where the real estate is directed to be sold and there is a direction to pay an annuity3 out of the mixed fund, the real and personal estates will be liable rateably4. The effect will be the same where the proceeds of the real estate are directed to be part of the personal estate5. On the other hand, where the real estate is directed to be sold, but there is no direction to pay out of the mixed fund, the personal estate will remain primarily
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