EMBLEMENTS—(Continued.)

reference to authorities on, 186, n. (w)

to whom they may belong, 186, 187, 188.

principles, which make certain roots and crops to be, 188.
principles of a claim to, 188, 189.

of a tenant in fee, go to his executor, when the land descends, 190.
when a devisee of a tenant in fee will or will not be entitled to, 190.
in case of joint-tenancy, survive with the land, 190.

cases where a claim to emblements may fail, 191, 192.

ENROLMENT OF RECOGNIZANCES AND DEEDS, 2, n. (b)
ENTRY, RIGHT OF, is a chattel interest, 107.

ejectment, under, 107.

improperly called a power, 107.

See CONDITION.

EQUALITY, between debts, 275, 282-284, 292, 296.

between a judgment at law, and a decree in equity, 292, 296.
EQUITABLE ASSETS. See ASSETS EQUITABLE, MARSHAL.

EQUITY. See CHANCERY, DEBT, DECREE, Relief, Suit.

EQUITY OF REDEMPTION, of a term of years mortgaged is assets, 148.

of the fee simple mortgaged is assets, 149.

ESTATE, pur auter vie in freehold land, and limited to the testator merely, or to him,
his executors and administrators, is personal assets, 151.

pur auter vie limited to the ancestor and his heirs, is real assets, 153.

privity of, 306, 308.

legal, 399, 401.

with reference to priority of incumbrances, necessity of being seised or pos
sessed of, 399.

acquiring the, pendente lite, 400.

better right to call for the, 417, 418.

See PERSONAL ESTATE, REAL ESTATE, TRUST.

EVIDENCE, inventory, delivered to the ecclesiastical court, may be evidence of assets,
145-148.

of assets, 300, 547.

when judgment against an executor is evidence of a devastavit, 304.

admission of parol evidence to rebut the presumption, that a legacy greater than,
or equal to, a debt is meant to be given in satisfaction of it, 464-466.

to prove title of executor to sell, necessary to produce probate of the will, 477.
parol evidence is admitted, that land bought by an executor was purchased with
assets, 493.

EXECUTION, of a deed, 2, n. (c)

See Elegit, Executor, Extent, Statute-staple.

EXECUTOR, although not named, is bound by his testator's contract or bond, 4, 373.
a debt owing by, to his testator, 150.

a debt owing by, to his testator, is assets, 144, 149, 150.

question between executor and heir, 182, n. (b)

or administrator, generally speaking all personal property devolves to, 200.

his title to an unpublished MS., 241, n. (r)]

de son tort, or of his own wrong, 270, and n. (r)

power of, to exercise a preference between creditors, 285.

action by creditor against, 286, 287, 288, 290, 292.

suit in equity by creditor against, 285, 290, 291, 292, 293, and n. (k)

judgment against, 290, 291, 299.

judgment de bonis propriis of, 296, and ib. n. (h) and (i,) 300.

when judgment against, is evidence of a devastavit, 304.

debt by decree against, 291.

his duty to apply for an injunction in certain cases, 295, and n. (a)

compelled to bring assets into court, 298.

his liability to pay out of his own property sometimes the costs of a creditor's
action against him, and sometimes both debt and costs, 301-305.

relief of, in equity, in cases where he has mispleaded at law, 301, n. (c)

pleas of, to an action at law, 301-305.

waver by, of a term of years, 307, 308, and ib. n. (j,) 310.

mortgage acquired in the character of, 423.

EXECUTOR (Continued.)

if an executor, before he takes out probate, acts as executor, then he may be sued
before probate, 436.

power of, to revive a debt barred by the statute of limitations, 447.

advertisement by, for debts, 448.

power of, to wave the protection of the statute of limitations, 449.

his alienation of assets, 473.

general power of, before probate, 473.

power of, over assets, 475.

similarities and distinctions between an executor and an administrator, 475, and
n. (x)

on alienation by executor of assets, the purchaser or other alienee is not bound
to see to the executor's application of the money received by him, 476.
cannot by his will dispose of assets, 477.

on the death of, assets devolve to the testator's personal representative, 477.
his alienation of a lease for years, made on condition not to assign without li-
cense, 477, 478.

his right to transfer stock specifically bequeathed, 477.

taking assets in execution for the private debt of, 482.

following assets, and interference of equity against an executor's disposal of them,
484, 485, n. (r), 492, 493.

general conclusions on the interposition of equity against an executor's alienation
of assets, 488.

causes of the interference of equity against an executor's alienation of assets, 489.
arguments for the interposition of equity against an executor's pledge of a per-
sonal chattel, 490.

following assets into land bought by an executor, 492, 493.

personal liabilities of, 494.

not a mere ordinary bailee, 498.

where there are two or more executors, for many purposes each represents the
testator; and alone and independently of the rest may receive or pay debts,
and do many other acts, 499, 500.

his irregular preference of a creditor, 501.

accepting security in place of payment of a debt, 503.

promise of, to pay a debt, 504.

legacy, 508-512.

bond of, for payment of a legacy, 509, n. (ƒ)

profits made by him of assets, 516.

loan or investment by, 517.

or trustee, whose duty leads him to lay out money in the public funds, should in-
vest it in the three per cent. consols, 519.

or trustee, when answerable for a loss occasioned by investing money in the pub-
lic funds, 520.

the court of chancery will protect an executor or trustee, in doing what it would
itself order him to do, 519.

parting with property or assets to a co-executor, 520.

his liability for property placed with bankers, 525.

continuing the trade of his testator, 527.

power or duty of, to complete work, which, in the way of his trade, a testator has
begun; or to fulfil an agreement entered into by the testator, to perform cer-
tain work, and which, at the time of his death, was not begun, 530.

who carries on his testator's trade, makes himself personally, and his own pro-
perty, liable to debts incurred in the trade, and himself personally liable
to the bankrupt laws, 532.

his submission to Arbitration, 535.

or trustee, liability of, for a breach of trust, 538.

concurring in certain acts, 539.

acts which require the concurrence of all the executors or trustees, 539.
responsibility occasioned by concurring in a sale of stock, 544.

all executors appear to be trustees, inasmuch as the duty to execute the will is a
trust, 539.

by proving the will, an executor has been held to have accepted the trusts annexed
to a legacy, 539.

VOL. VIII.-20

EXECUTOR-(Continued.)

receipt for money paid to an executor, 541, 542.

responsibility for so much only of a trust fund, as is actually misapplied, 546, 547,
and n. (y)

instances where his personal liability is not incurred, 556.

it is his business to find out the testator's creditors, 556, n. (3)
care to be observed in paying simple contract debts, 556, n. ()

clause of indemnity to, in a will, 557.

where there is not fraud, nor a breach of trust, executors and trustees are anxiously
protected by the courts of equity, 558.

See ACTION, ADMINISTRATOR, ANSWER, DEVASTAVIT, ELECTION, EVIDENCE,
GLASSES, HEIR, INSURANCE, INterest, JudgmenT, LEASE, LEGACY, MORT-
GAGE, PICTURES, Plea, Retainer, Trustee.

EXEMPTION, of a testator's personal estate from the payment of his debts, 40, 67.
See PERSONAL ESTATE.

EXONERATION, of real estate, 356.

principle of exoneration of mortgaged land out of the assets of the mortgagor, 370.
instances in which the same principle does not apply, 370, 371.

case of a mortgage, where the owner of the land may not be entitled to exonera-
tion out of the assets of the mortgagor, 371.

See COVENANT, Debt, Wife.

EXPENSES, funeral and testamentary, 257.

application of a separate estate, in paying funeral expenses, 581.

tacking of, to a mortgage, 389.

See COSTS.

EXTENT, in the case of crown debts, 25, 28.

reference to a case containing much learning on the nature of tenancy under an
extent, 399, n.(k)

extended value of land, 409, 410, 412, 413.

is below the true value, 412, 413.

See ELEGIT, EXECUTION.

EXTINGUISHMENT, or release of a debt by a testamentary act, 469, and n. (a)

FIRE, destruction of assets by, 498, and n. (d)

See ANNUITY, EXECUTOR, Insurance.

FISH, in a pond, 199.

in a trunk, 200.

FIXTURES, on leasehold premises belonging to testator, and which he had a right to

remove, held to be mere personal chattels, 184.

reference to a treatise on, 182, n. (b)

FOLLOWING ASSETS, 484, 485, n. (r), 492, 493.

into land bought by an executor, 492.

FOREIGN COUNTRY, goods in a, are assets in England, 145.

assets which consist of property in a, 235.

FRAUD, in concealing a mortgage or settlement, 421.

See DEVISE, MORTGAGE, NOTICE, STATUTE.

FRUIT, on trees, heir entitled to, 199.

FUNDS, PUBLIC. See EXECUTOR, LOSS, STOCK.

FUNERAL, 257.

expenses, 257-261, 274.

retaining to pay, 262, n.

application of a separate estate in paying a wife's, 581.

See BURIAL.

GAVELKIND LAND, is real assets, 152.

GLASSES, generally speaking, are personal estate, 182, n.(b)
but, under some circumstances, may go to the heir, 182, n.(b)
GOODWILL OF A TRADE, 145, n.(y)

money for which it sold, held to be assets, 145.

GRASS, growing, heir entitled to, 200.

See EMBLEMENTS

HEIR, unless, for the purpose expressly named in his ancestor's special contract, is not

bound by it, 4, 373.

if land is devised in fee to the testator's heir, he will take by descent, although
the land is charged with debts or legacies, 69.

when he takes by devise, and when by descent, 103, 104, 105.
questions between executor and heir, 182, n.(b)

title of, to certain personal chattels, 198.

entitled to timber, and fruit, and other trees growing, 199.

entitled to fruit on trees, and to grass growing, 199, 200.

is liable to his ancestor's debts, no farther than to the value of the land descend-
ed, 225.

his title to unpublished manuscripts, 241, n. (r)

specialty in which he is not bound, 334, 335.

See Election, Exoneration, Glasses, Heir-Loom, Mortgage, Pictures, Rents and
Profits, Trust.

HEIR-LOOM, 195.

definitions of an, 195, and n. (b)

personal chattels bequeathed to accompany limitations of real estate, and directed
to be taken as heir-looms, 197.

HORSES, 200.

HOUNDS, 200, and n. (j)

HUSBAND, wife's personal chattels made by marriage the property of her, 163.
See Burial, Paraphernalia, Satisfaction, Wife.

IMPREST, word used in government documents, 18, n. (v)

INCUMBRANCE, priority of successive incumbrancers of the same land, 396.
incumbrancers to which the law and an equal equity may give priority, 406-418.
buying or getting in an, 406, 418.

buying or getting in a satisfied incumbrance, 414, 416.

procuring an assignment of a satisfied term of years, 415, 416, 417.

See Judgment, Mortgage, Notice, Purchaser, Recognizance Statute-Merchant
and Staple.

INDEMNITY, covenant of, 276.

See Executor, Will.

INDIA, real estate in, made assets for debts, 237.

INJUNCTION, to restrain a creditor's action at law, 293.'

to restrain proceedings against real assets descended, 295 n. (v)

duty of an executor to apply for an, 295 n. (a)

against execution under a judgment against executor, 300.

INSURANCE, case where an executrix was entitled to renew her testator's policy of
insurance against fire, 142.

whether an executor is bound to renew his testator's policy of insurance against
fire, 498 n. (d)

proceeds of a testator's policy of insurance against fire, and renewed by his execu-
trix, under particular circumstances not considered as part of the testator's
general personal estate, but affected with a trust for the benefit of the parties
interested in the real estate so insured and burnt down, 142.

INTEREST, on arrears of an annuity, 138.

executor's claim to interest, on his own money laid out by him in payment of the
testator's debts, 265, n. (s)

executor's or trustee's liability for, 512.

when an executor or trustee is obliged to pay interest, in ordinary cases the rate
is 4., but in particular cases 57., per cent., 514.

compound, sometimes payable by an executor or trustee, 515.

made of assets, or a trust fund, 516.

on debts, 560.

instances in which a court of law has refused to allow interest on a debt, 565-567.
allowed interest on a debt, 567-569.

-

not recoverable beyond the penalty of a bond, 570, 572.

in particular cases, a court of equity will decree the payment of interest beyond
the penalty of a bond, 572.

INTEREST-(Continued.)

in general cases, a court of equity does not allow interest beyond the penalty of a
bond, recognizance, or judgment, 574.

is recoverable in an action at law on a judgment, 564, 570.

in general cases, a court of equity does not allow interest on a judgment, 573.
allowing interest on a judgment, which may be tacked to a mortgage, 574, n. (d)
when by a will freehold land is devised in trust for, or charged with, the payment
of debts, the creditors are entitled to be paid, with interest on debts which
carry interest, 574,575.

subsequent, from the foot of the master's report, 575.

rate of, allowed by a court of equity on debts, 575. See Legacy.
INVENTORY, delivered to the ecclesiastical court, 145-148, 255, 256, n. (n)
See Evidence.

INVESTMENT, by executor or trustee, 517.

the court of chancery invests trust money in the 3 per cent. consols, 519.
IRELAND, goods in, are assets in England, 145.

assets which consist of property in, 235.

JEWELS, may be paraphernalia, 159, 160, 161.

JUDGMENT, 275, 282, 286, and n. (ƒ), 292, 293, 318, 333, 502.

presuming payment of a, 53.

voluntary, 277.

against an executor, 290, 291, 299, 300, 328, ib. n. (s), 335.

equality between a judgment at law and a decree in equity, 292, 296.

de bonis propriis of an executor, 296, ib. n. (h) and (i), 300, 505, 506, 509.

de bonis testatoris and de bonis propriis, 302-305, 307–316.

of assets quando acciderint, 302.

debt consisting of damages recovered, 369.

copyholds not liable to execution on a, 392.

priority of successive incumbrancers of the same land, 396.

with reference to priority of incumbrances, necessity of being seised or possessed
of the legal estate, 399.

incumbrances to which the law and an equal equity may give priority, 406–418.
buying or getting in an incumbrance, 406-418.

a satisfied incumbrance, 414, 416.

reference to a form of assignment of a, 413, n. (n)

debt by, is a chose in action, 413.

a judgment creditor does not lend his money upon the immediate view or contem-
plation of the conusor's real estate, 419.

See Debt, Elegit, Interest, Notice, Purchaser.

LABOURERS, wages of a servant within a statute of, 277, and n. (r)

statutes of, 277, n. (p)

LAND, generally speaking, means real estate, to the exclusion of leaseholds for years,
127, n. (v)

freehold, descended, is assets, 214.

descended or devised, where placed when assets are ranged to pay debts, 374–382.
every devise of, is specific, 382, n. (x)

See Conversion, Exoneration, Purchaser, Real Estate.

LANDLORD. See Covenant, Lease, Rent.

LAND-TAX, liability of annuitant to pay, 134.

with reference to, distinction between a rent or annuity, and an annuity which is
only an instalment of a legacy, 134.

LEASE, for years held to be assets, 144.

for one year, made by a copyholder, is assets, 144.

for years, by license made by a copyholder, is assets, 144.

renewable, is assets, 144, n. (y)

trust of lease for years is assets, 149.

bequeathed, and by the assent of the executor vested in the legatee, held to be