By the terms of the will certain lands are devised to the defendants, who are also executors, in trust for the widow and certain of the children of the testator, during the life of the widow, and then over to these same children, with directions to the executors to cultivate the lands and beep an account of the produce and sales and of the outlays, and if, after supporting the widow and said children there should be a surplus, such surplus should be divided among them. This gave to the defendants the power to purchase necessaries for conducting the farming operations. And liabilities incurred by them for that purpose became a charge upon the trust fund, the land and produce.

Under the old system before the Code, the remedy to subject the trust fund wgs in equity; but now it is by a civil action, as this is.

It cannot be maintained, therefore, as was contended by the defendant, that the estate of the testator is not liable for the outlay, but that the defendant Robinson is liable out of his individual estate. The estate of the testator is liable; but still *55 it is not to be understood that the general estate is liable, but only the trust fund aforesaid.

There is no error.

Per Curiam. ' Judgment affirmed.