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INVENTORY. 17
by any such person to his majesty, or any of his
subjects, and shall be assets for the satisfaction
thereof, in like manner as real estates are by the
law of England liable to the satisfaction of
debts due by bond, or other specialty, &c.
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Simple contract creditors, are by this statute
put on the same footing with respect to real
estates in the plantations, as specialty creditors
are, with respect to real estates in England.
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By the statute of William and Mary, abovementioned,
a devise of an estate pur auter vie is
void against specialty creditors, and having regard
to the statute of the 5th. Geo. 2d.--Simple
contract creditors, are put upon the same footing
in the plantations, with specialty creditors
in England, in respect of the subject liable, and,
upon a more favourable one, in respect of the
remedy: for by this statute, real estates in the
plantations, are liable to the same remedies,
proceedings and process, as personal estates are.
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The crop on hand is to be considered as part
of the personal estate, not only, where the deceased
had a fee-simple, but where also he had
an estate liable to a contingent, or uncertain determination;
if a tenant in tail, or for life, sows
the land, and dies before the crop is got in, his
B
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Crop on
hand, when
part of the
personal estate,
and
when not. |
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