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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 371   View pdf image (33K)
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21 H. 8, CAP. 19, AVOWRIES. 371
See the note to the preceding Statute. A distinction formerly prevailed
between a devise to a trustee and to an executor, but this distinction has
been overruled; see Silk v. Prime, 1 Bro. C. C. 138 n, where it was said
that hardly a case could be suggested where the assets would be legal,
but where the executor has a naked power to sell qua executor, Clay v.
Willis, 1 B. & C. 364. The value of the doctrine of equitable assets is
considerably diminished here by the circumstance of lands being liable
to debts by simple contract, and accordingly since the Act of 1785, ch. 72,1
the terms in a will, "after my debts and funeral charges are paid, I de-
vise and bequeath," &c., are held no longer to charge the real estate of
the testator with the payment of debts, in the event of there not being
sufficient personalty, but to be immaterial and inoperative,* Cornish 284
v. Wilson, 6 Gill, 299.2 Indeed, as the distinction between specialty and
simple contract debts is destroyed, legal assets are distributable as equita-
ble assets, and the old distinction between them is reduced to a mere ques-
tion of jurisdiction.
Debts are a charge upon the real estate if there is insufficient personalty.
But proceedings to sell the real estate of a deceased debtor must be taken
in equity, except where the appraised value does not exceed twenty-five
hundred dollars, when by the Act of 1866, ch. 81,3 the Orphans Court
have concurrent jurisdiction with the Circuit Courts, see Young v. Twigg,
27 Md. 620: Cornish v. Wilson, 6 Gill, 299.
1 See Code 1911, Art. 16, sec. 218. See note to 3 & 4 W. & M., c. 14.
2 White v. Kauffman, 66 Md. 92.
3 Code 1911, Art. 93, sec. 293; Simpson v. Bailey, 80 Md. 421.
CAP. XIX.
Avowries shall be made by the Lord upon the Land, without naming
his Tenant.
Where as well the Noblemen of this Realm, as divers other
persons, by Fines, Recoveries, Grants, and secret Feoffments,
and Leases made by their Tenants to persons unknown, of the
Lands and Tenements holden of them, have been put from the
knowledge of their Tenants, upon whom they should by order
of the Law make their Avowries for their Rents, Customs, and
Services, to their great Losses and Hindrances.
II. Be it therefore enacted, established, and ordained by
Authority of this present Parliament, That wheresoever any
manner Lands, Tenements, and other Hereditaments be holden
of any manner person or persons, by Rents, Customs, or Ser-

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 371   View pdf image (33K)
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