314 
HEIR. 
the word heir is wanting, it has been adjudged that if cafes only, where the anceftor was bound, without which 
there were other words equivalent, and the intereft in it cannot defcend upon him. Co. Lit. 386. And warran- 
the thing granted paffeth by the confideration only, ties and eftoppels fhall defcend upon the heir general, 
without any further ceremony in the law, an eftate in and not upon any fpecial heir. So that if a man convey 
fee may pafs. 7. Nelf. Abr. 923. In a devife by will, or land with warranty againft him and his heirs, his heir 
exchange, Sec. the word heirs is not neceffary : but on the mother’s part fhall not be vouched by this, fo 
eftates of inheritance which are o.therwife conveyed, long as there is an heir on the father’s part. Hob. 24. A 
require it. Jfenk.Cent. 196. The word heir is nomen col- grant of an annuity, mull be for a man and his heirs, to 
leEUvum, and extends unto all heirs : and under heirs, bind the heir, although there be afiets ; and when he is 
the heirs of heirs are comprehended in infinitum ; if lands named, the heir fhall not be bound except there be afiets. 
are given to a man and his heirs, all his heirs are fo to- Co. Lit. 144. Where a perfon covenants with another to 
tally in him, that he may give his lands to whom he will, perform any a£t, if his heir be not named, he is not bound 
Trin. 23 Jac. \. Nay. $6. by it: but in covenants of others, that concern the inhe- 
All conditions and covenants-real, or fuch as are an- ritance, the heir fhall have the benefit of them, though 
nexed to eftates, fhall defcend to the heir, and he alone not named. 1 Rol.Abr. 520. 
ft) all take advantage of them. 43 Edxu. II I. c. 4. And The heir mu ft be exprefsly named, otherwife he is not 
this is not only where there are exprefs words, but alfo chargeable, and thereafon why the heir is not chargeable 
where there are none ; for the law by implication re- in this cafe, as the executor in cafe of a bond entered 
ferves the condition to the heir of the feoffor, See. for, into by the teftator, without being named, is this: By- 
being prejudiced by the difpofition, it is but reafonabie the common-law only the goods and chattels of the 
that he fhould take the fame advantage that his anceftor debtor, and the annual profits of the land as they- arofe, 
whom he reprefents might. 1 Rol. Abr. 407. And as the and not the land itfelf, were liable to execution for debt 
heir-at-law is the proper and only perfon, who can take ' or damages, becaufe thefe being the l'ecurity the creditor 
advantage of conditions, &c. annexed to the real eftate ; depended upon, they were liable in,the hands of his re- 
fo he fhall be bound by all fuch conditions, &c. which 
run with the land, whether fuch conditions were annexed 
to the eftate by the original feoffor, grantor, or imme¬ 
diate anceftor. 1 Rol.Abr. 421. 
Where a condition is annexed to the eftate given to 
the heir, and which goes in abridgement and reftraint 
thereof, the fame fhall in fome cafes be conftrued a limi¬ 
tation ; for, if it were a condition, nobody could take ad¬ 
vantage of it but the heir. Dyer 316. As if a copyholder fupport of government; therefore the land not being 
in Borough Englifh furrender to the ufeof his will, and originally liable to the demand in the hands of the obli- 
after devifes to his wife for life, remainder to his eldeft — -— a ' - '~ r ~ ‘■ t -~ 1 — J - - r ‘ l -- |--- 
fon, paying 40s. to each of his brothers and filters within 
prefentative or executor, as well as in the hands of the 
debtor himfelf; hence it was, that the executor was 
bound by the debt of the teftator, fo far as he had chat¬ 
tels or affets, though he was not named in the contract; 
but the land was not liable to execution, becaufe it was 
preferved from the perfonal contracts and engagements 
of the tenant, that he might be the better able to anfwer 
the feudal duties to the lord, which were the life and 
gor, muff be much lefs liable ia the hands of the heir, 
who was not comprehended in the contract. 2 Injl. 19. 
two years after the death of his wife, &c. this is a linti- Plow. 440. Hob. 60. 
tation, and not a condition ; for if it Ihould be a condition, If the anceftor bind himfelf in a ftatute, recognizance, 
it would extin^Seifti in the heir, and there would be no See. the heir is liable, not only as tertenant, but alfo as 
heir, otherwife lie could not have his age ; and cannot 
oblige a purchafer, whether for valuable confideration 
or without, to contribute; but one heir may oblige ano¬ 
ther to contribute ; as if a man leifed of two acres, the 
remedy for the money. Cro. Eliz. 204. 3 Co. 20 b. 2 Leon , 114. 
It has been held, that the heir is never chargeable 
without an exprefs lien and afiets; and even then, no 
longer than he hath a'ffets, for he is not obliged to keep 
them till he is charged: but if he has afiets, he ought one defcendable according to the courfe of the common- 
to jeonfe-fs them; otherwife judgment fhall be given law, the other in Borough Englifh, acknowledge 
againft him de terris propriis, for it is then his'debt. "--*■- -- 1 — /u - 1 ' - u,; - 
3 Salk. 179. If the heir, ih cafe where the anceftor hath 
„ „ fta¬ 
tute, &c. the heir at common-law fhall oblige the Bo- 
ough-Englifh heir to contribute : fo one coparcener fhall 
bound himfelf and his heirs, have ever fo much land oblige the other to contribute; or if the conuzor had 
come to him by gift in tail, or conveyance of the father, 
and not by descent, he is not chargeable at all: and’ fo 
it is for any-eftate but what is in fee-fimple; as where 
lands are granted to J. S. and his heirs during the lift of the mother to contribute ; S 3 fic 
another, Sec. the heir fhall not be charged for this, no William Herbert’s cafe, 
more than, for the land entailed. 10 Rep. 98. Nolands 
can be charged but fee-fimple ; therefore,' in a fuit 
.againft the heir, the judgment is only for the land 
defeended, and not for other lands. Co. Lit. 376. 
lands, fome defcendible to the.heirs of the father, and 
fome defcendible on the heirs of the mother, the heir on 
the part of the father fhall compel the heir on the part of 
verja. 3 Co. 12, Sir 
Not only land, but rent not due at the death of the 
anceftor leffor, fhall go to the heir; fo* corn Town by a 
tenant for years, where his term expires before the corn 
is ripe ; every thing faftened to the freehold, timber- 
A collateral heir is chargeable for the debt of his an- trees, deeds belonging to the inheritance; deer, conies, 
ceftor : but the declaration muft be fpecial, and lie is to pigeons, fill), &c. 2 Nelf. Abr. 927. An heir fhall enforce 
'be charged as : collateral hei'r, not -la's immediate heir 5 and if the admini fixator to pay debts with perfonal eftate, to 
a fon happens between, who dies, he muft be faid uncle 
and heir of the fon, who was heir of the debtor, Sec. 
. And'a child born, though he lives but an hour, lias the 
fee of lands,vefted in him as heir. Hell. 134. I11 a writ a 
man need not fhow how he is heir; but he muft in a 
declaration,. &c. though it is only for form to let forth 
how a perfon is heir, becaufe it is not traverfable-; and 
heir, or no heir, is iffuable. Moore, $85. 
The heir is not bound by' the bond of the anceftor, 
unlefs he is exprefsly bound : and if in a bond a man-bind; 
his heirs, but not himfelf, the-bond is void. 2 Sound. 136. 
Alfo a man fhall never bind his hejr to warranty, where 
lae himfelf was no t bound : if he make a feoffment in fee, 
and bind his heirs only to warranty, the feoffment is 
void, for the heir fhall be bound to warranty in fuch 
preferve the inheritance. Chan. Rep. 280, 293. If- an exe¬ 
cutor hath affets, he is compellable in equity to redeem 
a mortgage, for the benefit ol' the heir; and it is the 
fame where the heir is charged in debt. Hard. 5 11. For 
the perfonal eftate received tiie benefit. When the heir 
is fued for the debt of his anceftor, and pays-it, he fhall 
be reimburfed by the executor of the obligor, who hath 
perfonal afiets. 1 Chanc. Rep. 74, But in attion of debt 
brought upon a bond againft an heir, it is no good plea 
for the heir to fay, that the executors have afiets in their 
hands. Dyer, 204. Fora creditor may fue either heir or 
executor, and heirs and executors are both chargeable 
upon fpecialties. If an heir hath affets, and the exe¬ 
cutor alfo, it is at the eledtion of the obligee to have 
adtion of debt againft the one or the other; but he fhall 
not 
