36 TESSIER v. WYSE.—3 BLAND.

descend, or hath devised the same, and the heir or devisee may be
liable to pay the debts of the deceased, to the value of the lands de-
scended or devised, then such heir or devisee, being of full age,
shall pursue the rules aforesaid, in the payment of the debts of the
deceased; and upon default, such heir or devisee shall be liable to
pay out of his own estate the loss sustained by his misconduct or
neglect. And that all Courts of law and equity shall observe the
directions of this Act. 1785, ch. 80, s. 7; Webster v. Hammond, 3
H. & McH. 131.

It is clear, from the language of this law, that, as regards the
privileges of infants, its provisions are confined altogether to ac-
tions at common law; and that, as regards the administration of
deceased persons' estates, it merely prescribes rules for the payment
of debts, by which executors and administrators, as well as adult
heirs and devisees, so far as they may be liable in respect of assets,
are alike to be governed. This law apparently recognizes the
rule in equity, that the personal estate is the primary and natural
48 *fund for the payment of debts; but there is no expression
in it which can be so construed as to lessen or impair the
previously existing legal rights of creditors; or which intimates
an intention to prevent a specialty creditor from suing and
enforcing payment at common law from the heir alone, in respect
of real assets descended to him; or which would prevent a simple
contract creditor, under a creditor's bill in Chancery, from obtain-
ing relief upon the same principles, and to the same extent as
a bond creditor from the heirs or devisees of the deceased in
respect of the real assets held by them. It may be safely
assumed, therefore, that this Act of Assembly has made no
change whatever in the law as regards the matter now under con-
sideration.

By another Act of Assembly it has been enacted, " that if any
person hath died, or shall hereafter die, without leaving personal
estate sufficient to discharge the debts by him or her due, and
shall leave real estate which descends to a minor, or person being
idiot, lunatic, or non compos mentis, or who shall afterwards be-
come non compos mentis, or shall devise real estate to a minor, or
person being idiot, lunatic, or non compos mentis, or who shall
afterwards become non compos mentis, the Chancellor shall have
full power and authority, upon application of any creditor of such
deceased person, after summoning such minor, and his appearance
by guardian, to be appointed as aforesaid, and hearing as afore-
said, or alter summoning the person being idiot, lunatic, or non
compos mentis, and his appearance by trustee, trustees or com-
mittee, to be appointed as aforesaid, and hearing as aforesaid, and
the justice of the claim of such creditor is fully established, if,
upon consideration of all circumstances, it shall appear to the
Chancellor to be just and proper that such debts should be paid