306 HAMMOND v. HAMMOND.—2 BLAND.

*law, 1797, ch. 113, the creditor may, on stating the fact,
320 proceed against the devisee alone, with the executor or ad-
ministrator of the deceased, if there be any such personal repre-
sentative.

But the Statute of 1601 is confined to cases, where a debtor de-
vises his real estate away from his creditors, and leaves them to
chance to obtain satisfaction of their debts, enriching1 third per-
sons at their expense. And therefore, the devising' of an estate
for the payment of debts takes the case out of the statute; and
leaves the debt to stand as it would have done before, so that the
creditor can come upon the real estate only in such manner as the
will directs. The mere inconvenience of the mode prescribed by
the testator for the payment of his debts will not bring the devise
within the statute; provided the fund be ultimately sufficient; and
the gift of the estate for the payment of debts has been made in
an effectual and practicable manner, so as to answer the purposes.
Hughes v. Doublin, 2 Cox, 170; S.C. 2 Bro. C. C. 614; Pow..
Mortg. 69, .525. In all such cases the real estate thus made liable
is held to have been thereby converted from legal, into equitable
assets, because of its being so made assets in equity where they
would not be so at law; and also, because of there being no mode
of administering such assets but in a Court of Chancery; 2 Fonb.
408; where, upon principles of equity, it is held, that specialty
creditors can only be allowed to come in, pari passu, with simple
contract creditors; and moreover, that notwithstanding the infancy
of the heir or devisees, the lands may, without allowing the parol
to demur, be immediately sold for the benefit of all the creditors.
Newton v. Sennet, 1 Bro. C. C. 136; Lingard v. Derby, 1 Bra.
C. C. 311; Powell v. Robins, 1 Ves. 209; Bailey v. Elkins, 7 Ves.
322; Shiphard v. Lutwidye, 8 Ves. 826; Leigh and Dal. Equ.
Conver. 10, 13. This construction and qualification of this Eng-
lish statute has been virtually affirmed by the Act of Assembly
which authorizes the Chancellor, where lands are devised to be
sold for the payment of debts or other purposes, and there is no

lands and premises to the purchaser or purchasers thereof as to the said
master shall seem proper; so that the same snail not contain any clause or
warranty to affect, bind or charge the said defendant Mary Smith, or any
estate belonging to her, in her own right; and that the said Mary Smith be
indemnified therein by virture of this decree; and that all parties, as well
as any creditors, have leave to apply, from time to time, to this Court for
further directions in the execution of this decree.

After which, the case having been again brought before the Court,

OGLE, C., February, 1740.—Upon motion, it is Ordered, that the creditors
of Gunder Erickson have further time till the 26th of March next to prove
their respective debts before the master.—Chancery Proceedings, lib. J. R. No-
4, fol. 89 to 94, and 163.