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OF LEGACIES. 93
shall stand in the place of the mortgage or bond
creditor, and receive as much out of the real
assets, as the creditor by bond, or mortgage,
shall take from his legacy. So if land be
devised to one, and other land belonging to the
testator descend to the heir, the devisee shall
stand in the place of a creditor, and be entitled
to satisfaction out of the land descended; but if
the testator devise to his heir, tho' the heir
takes by descent, the other devisee hath not
such title. See also folio 16, 17.
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Tho' generally if the legatee die before the
testator, the legacy is lost, yet it is otherwise,
if the legatee is to take only as an appointee, or
in execution of a trust; and if a debt be forgiven,
or discharged by a will, and the debtor
die before the testator, yet is the debt discharged.
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A lease for years belonging to the wife, tho'
the husband may dispose of it by deed, does not
belong to his executors or administrators; nor
can he bequeath it; but it will belong to the
wife. See also folio 17 & 18.
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Frequent disputes happen, about the meaning
of words of description, and therefore it
may be proper to shew the meaning of such as |
Words of
description in
wills; their
implication. |
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