THE USE OF THE LAW. 247 



goods in kind, of the testator or intestate, and shall have 

 property of it in kind. 



X. Property by legacy. 



Property by legacy is where a man maketh a will and Executors or 

 executors, and giveth legacies, he or they to whom the 

 legacies are given must have the assent of the executors, or 

 one of them, to have his legacy, and the property of that cutors are 

 lease, or other goods bequeathed unto him, is said to be in charged to pay 

 him ; but he may not enter nor take his legacy without the fore legacies. 

 assent of the executors, or one of them, because the execu 

 tors are charged to pay debts before legacies. And if one 

 of them assent to pay legacies, he shall pay the value 

 thereof of his own purse if there be not otherwise sufficient 

 to pay debts. 



But this is to be understood by debts of record to the Legacies are to 

 king, or by bill and bond sealed, or arrearages of rent, or be P aid before 

 servants or workmen s wages ; and not debts of shop-books, \^ Si ^llVun- 

 or bills unsealed, or contract by word ; for before them sealed, or con- 

 legacies are to be paid. tracts b y W0ld - 



And if the executors doubt that they shall not have Executor may 

 enough to pay every legacy, they may pay which they list pay which le- 

 first ; but they may not sell any special legacy which they ^ w 

 will to pay debts, or a lease of goods to pay a money-legacy, if the executors 

 But they may sell any legacy which they will to pay debts, do want the y 

 if they have not enough besides. ig& S, 



If a man make a will, and make no executors, or if the debts. 

 executors refuse, the ordinary is to commit administration when a wil1 is 

 cum testamento annexo, and take bonds of the administrators ecutoT d 

 to perform the will, and he is to do it in such sort as the named, admi- 

 cxecutor should have done, if he had been named. nistration is to 



be committed 



cum testamento 

 annexo, 



