The judgment of his Honor was correct, and so fully states his reasons that we reproduce it as the opinion of this Court.
“The court is of the opinion, and so adjudges, that the said policy of insurance, or proceeds thereof, is and was intended by the testator to be an absolute, specific legacy; and the land mentioned in the second clause not being specifically devised, and the intention of testator appearing in the will that the property so mentioned in item 2 should be subject to the payment of debts in exoneration of the said policy, it is ordered and adjudged that if it shall be found that there is not sufficient personal property, other than the .proceeds of the policy, to pay the debts of the testator, that the plaintiff as executor have license to sell the land to pay the debts, and that the policy, or the proceeds of the same, shall not be liable until all the property, real and personal, mentioned or referred to in the second clause of the will be exhausted.”
Ordinarily, the personalty must first be exhausted before recourse can be had for the payment of debts to the realty. But the testator can change this order. The prime consideration in the construction of a will is the intent. As to that there can be no doubt upon the face of the will. The testator intended that the property in item 2 of the will should be charged with the payment of debts and burial expenses in exoneration of the property mentioned in item 1. By item 1 the testator bequeathed, not “$1,000,” but his “insurance policy of $1,000,” using the words one thousand dollars as descriptive of the policy. His intention to make the policy a specific bequest is further manifested by his description of it, giving *413the name and location of the company, the amount, and date. The further words, that “the said Miss Hattie Hasty shall have all the benefits accruing thereunder in the event of my death,” show clearly that he intended it should be specifically exonerated from the payment of debts. This intent he further -indicates by providing in section 2 that his debts and burial expenses should “be paid out of any other property of which I shall die possessed.” He further adds to this by saying “after which” the balance of his personal and real property should be divided between his legal heirs as the law may direct.
The words “other property of which I shall die possessed, after which the balance of my personal property and real estate shall be divided, etc.,” include the ownership of an interest in remainder of lands. Eevisal, 3140.
The intent of the will seems to us so plain that no citation of authorities could throw any additional light upon its construction. The judgment of his Honor is in all respects
Affirmed.