the ſimilitude of a freehold, and nullum ſimile eſt idem." This indeed only proves them to be chattel intereſts, becauſe they go to the executors, which is inconſiſtent with the nature of a freehold: but it does not aſſign the reaſon why theſe eſtates, in contradiſtinction to other uncertain intereſts, ſhall veſt in the executors of the tenant and not the heir; which is probably owing to this: that, being a ſecurity and remedy provided for perſonal debts owing to the deceaſed, to which debts the executor is intitled, the law has therefore thus directed their ſucceſſion; as judging it reaſonable, from a principle of natural equity, that the ſecurity and remedy ſhould be veſted in them, to whom the debts if recovered would belong. And, upon the ſame principle, if lands be deviſed to a man's executor, until out of their profits the debts due from the teſtator be diſcharged, this intereſt in the lands ſhall be a chattel intereſt, and on the death of ſuch executor ſhall go to his executors[1]: becauſe they, being liable to pay the original teſtator's debts, ſo far as his aſſets will extend, are in reaſon intitled to poſſeſs that fund, out of which he has directed them to be paid.
- ↑ Co. Litt. 42.
