320 HAMMOND v. HAMMOND.

law, (y) the creditor may, on stating the fact, proceed against the
devisee alone, with the executor or administrator of the deceased,
if there be any such personal representative.

But the statute of 1691 is confined to cases, where a debtor
devises his real estate away from his creditors, and leaves them to
chance to obtain satisfaction of their debts, enriching third persons
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 sta-
tute; 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 purpose, (z) 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; (a) where, upon principles of
equity, it is held, that specialty creditors can only be allowed to

the said 3,357 lbs. tobacco, and 9,602 lbs. of tobacco, and the costs of suit mentioned in
the said answer of the defendants John Smith and his wife; and if any surplus shall,
after such several payments, remain, the same shall be subject to the further direc-
tions of this court. And this court doth further Decree, that the said John Smith and
his wife shall, upon oath, produce before, and leave with, the master, what title deeds
they, or either of them, may have in their, or either of their possession relating to
the said land and premises; and that the said Mary Smith, as executrix named in
the will of the said Gunder Erickson shall execute, according to law, such deeds
and conveyances of the lands and premises to the purchaser or purchasers thereof
as to the said master shall seem proper; so that the same shall 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 virtue 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,
February, 1740,—OGLE, Chancellor.—Upon motion, it is Ordered, that the credi-
tors 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 168.

(y) 1797, ch. 113.—(z) Hughes v. Doulbin, 2 Cox, 170; S. C. 2 Bro. C. C. 614;
Pow. Mortg. 69, 325.—(a) 2 Fonb. 403.

*.