H E 
ot charge them doubly. 2 Ploeod. 433. The heir Avail 
not have money due on mortgages in fee, if he b6 not 
particularly named, but the executor; and if the day be 
part, although the heir be named, the executor iliall 
have it. Co. Lit. 210. 
The following is a fpecification of what goods and 
chattels go to the heir, viz. Goods and chattels an-, 
nexed to the freehold go tb the heir, and mot to the 
executor or adminiftrator: as, the glafs in a window ; 
the doors and locks of ahoufe. 21 H. VII. 26 b. 4.C0. 63 b. 
So the pales, pods, and rails for an inclofure. 12 H. VII. 
2 6b. So, furnaces,.coppers, &c. fixed to the freehold; 
R. 21 H. VII. 26 b. unlefs they are fevered in the; life-time 
of the teftator. Semb. 1 Sal. 368. So wainfcot fixed to a 
houfe. 4 Co. 64a. So, pictures, glades, &c. fixed inftead 
of wainfcot. 2 Vern. 508. S6, livillftones, &c. fixed to a 
mill. So a term for years to attend the inheritance does 
not go to the executor, but to the heir. R. 2 Ch.Ca. 156, 
160. So deer in a park, conies in a warren, and doves 
in a dove-houfe, go with the inheritance to the heir. So, 
fifii in a pond, or pifcary. Co. Lit. a. a. So apples and 
other fruits growing at the death of the ancestor; Off. 
Ex’ 84. So roots, &c. within the foil. lb. 89. So a coat- 
armour, pennons, tombftone, and monuments in a church, 
in honour of the anceftor. Co. Lit. 18 b. So charters, 
deeds, and evidences of lands, with the cherts in which 
they are preferved. 1 Infi. 18 b. An ancient horn, where 
the tenure is by cornage. 1 Vern. 273. 
If a nobleman, knight, efquire, &c. be buried in a 
church, and have his coat of arms, and pennons with 
his arms, and fuch other enfigns of honour as belong to 
his degree, fet up in the church, or if a grave-ftone or . 
tomb be laid or made. See. for a monument of him ; in 
this cafe, albeit the freehold of the church be in the 
parfon, and that thefe be annexed to the freehold, yet 
cannot the parfon, or.any, take them, or deface them; 
but,he is fubjeft to the heir, and his heirs, in the honour 
and memory of wliofe anceftor they were fet up. Co. Lit. 
18 b. 1 Rol. Abr. 625. 2 Buljl. 151. 
For the relief of creditors againft the alienation of 
lands defeended, Sc c. it is enacted by flat. 3 and 4 Will, 
and Mary, 0.14; “ That in all cafes, where any heir at 
law Jhall be liable to pay the debt of-his anceftor, in regard 
of any lands, tenements, or hereditaments,defeending to 
him ; and Avail fell, alien, or make over, live fame,before 
any adiion brought-, or procefs fined out, againft him; 
that fuch heir at law fhall be..anfwerable. for fuch debt 
or debts, in an adiion or adtions of debt to the value of 
the laid land fo by him fold, aliened, or made over; 
in which cafes all creditors (hall be preferred, as in 
adtions againft executors and adminiftrators; and fuch 
execution fnall be taken out upon any judgment or' 
judgments fo obtained againft fuch heir to the value of 
the faid land, as if the fame were his own proper debt 
ctr -debts ; faving that the lands, tenements, and heredi¬ 
taments, bona fide aliened before the adtion brought, fhall 
not be liable to fuch execution.” 
Before this adt, if the anceftor had, devifed away the 
lands, a creditor by l'pecialty had no remedy either 
againft the heir or devifee. Abr. Eq. 149. To provide 
againft which mifehief, it is by the lame ftatute enadted, 
“That all Wills and teftaments, limitations, difpolitions, 
or appointments, of or concerning any manors, nveffuages, 
lands, tenements, or hereditaments, or of any rent, 
profit, term, or charge, out of the fame, whereof any 
perfon or perfons at the time of his, her, or their, de- 
ceafe, Hi all be feifed in fee-fimple, poffeffio.n, reverfion, 
or remainder, or have power, to difpofe of the fame by 
his,her, or their,daft,wills or teftaments, lhall be deemed 
and taken (only, as againft fuch creditor or creditors- as 
aforefaid, his, her, and their,heirs, fuccelfors, executors, 
adminiftrators, and afiigns, and every of them) to be 
fraudulent, and clearly, abfolutely, and utterly, void, 
fruftrate, and of none effedt; any pretence, colour, 
feigned or prefumed confideration, or any other matter 
I R. 315 
or thing, to the contrary notvvithftanding.)”' And that 
fuch creditors may be enabled to recover their debts, it 
is further enacted, “ that, in the cafes before mentioned, 
every fuch creditor may maintain an adiion of debt open 
fticli bonds and fpecialties, againft the heirs at law of 
fuch obligors and fuch devifees jointly, by virtue of 
this adt ; and fuch devifees Avail be liable and chargeable 
for a falfe plea, in the fame manner as any heir fivould 
have been for a faife plea, or for not confeffingtthe lands 
or tenements to him defeended.” 
It is, however, by this adt further provided, “ That 
where there is any limitation.or appointment, devife or 
difpofitiori, of any lands, Sc c. for the raifing or payment 
of any real or juft debt, or.any portion or ftim of money, 
for any child, other than the heir at law, according to, 
or in purfuan.ee of,, any marriage contradl, or agreement 
in writing bona fide made, before fuch marriage, the fame 
Aval 1 . be in full force, and the lands, See. Avail be holdea 
and enjoyed by fuch perfons, and. their heirs, executors, 
adminiftrators, and'afligns, for whom the faid limitation. 
-Sc c. was made, and by their truftees and their heirs, 
executors, adminiftrators, and afligns, for fuch eftate or 
intereft as (hall be fo limited, &c. until fuclv debt or 
'.debts,(portion or portions, fhall be railed, paid, and fatif- 
fied.” And it is further enabled, “ That all and every 
devifee and devifees, made liable by that a£t, fhall.be 
liable' and chargeable in the fame manner as the heir, at 
law, b.y force of the ail; notwithftanding the lands te¬ 
nements, and hereditaments, to him or them devifed, 
fhall be aliened before the adtion brought.” 
In the conftrudlion of this ftatute it hath been holden, 
that though a man is prevented thereby from defeating 
his creditors by will, that yet any fettlenvent or difpo- 
fition he fhall make in his life-time of his lands, whether 
voluntary or not, will be-good againft bond creditors ; 
for tint was not provided againft by the ftatute, which 
only took care to fecure fuch creditors from any impo- 
fition which might be fuppofed in a man’s laft ficknefs; 
but if he gave away his eftate in his life-time, this pre¬ 
vented the defeent of fo much to the heir, confequently 
took away their remedy againft him, who was Only liable 
in refpedl of the lands defeended ; and as a bond is no 
lien wlvatfoever on lands in the hands of the obligor, 
much 1-efs can it be fo, when they are given away to a 
ftranger. Eq. Ab. 149. It l'eems that neither before, nor 
fince, this ftatute, the executor or adminiftrator of the. 
heir is liable; for the perfon of the heir is not charge¬ 
able, but with refpect to the land; and if, before the 
ftatute, the heir had aliened before adtion brought, he 
fhould not be charged for the profits he received ; which 
is evident from the plea of riens per dificent the day of the 
writ ‘purchafed ; much lei's could his executor, nor can 
he yet, unlefs fonve ftatute make hinv fo : tor an executor 
is but in nature of a truftee for the perfonalty, and not 
at all privy to the inheritance. 3 New Abr. 28. 
Where the anceftor binds himfelf and his-heirs, all 
his lands of freehold} and which defeend in fee-fimple, 
are affets by defeent, and fhall be liable, as far as they 
extend, to anfwer the anceftor’s obligations. 1 Rol. Abr . 
269. A reverfion after a leafe for years made by the 
anceftor is prefent affets, fo that the heir cannot plead 
riens per .dificent in delay of execution of the rent and re- 
"verfion, though the plaintiff cannot have benefit of''the 
reverfion till the leafe be determined. 1 Salk. 354, 5. 
So.a reverfion expedlant upon the determination of an 
eftate for life is quaji affets, and ought to be pleaded fpe- 
cially by the heir, and the plaintiff in fuch cafe may take 
judgment of it am accident. Carth. 129. But a reverfion 
in fee expedlant upon an eftate tail is not affets, becaufe 
it lies in the will of the tenant in tail to.dock and bar it 
at his pleafure. 6 Co. 58. 
If A. hath iffue B. and C. and conveys lands to the 
ufe of himfelf for life, the remainder to B. in tail male, 
the remainder to his own right heirs, and A. dies, and 
the reverfion defeends to his l'on. who dies without iffue, 
fo 
