Devise of real estate is independent of executors' assent.

Charge of debts.

Where trustees may sell or mortgage to devisee to sell or mortgage as he or they may by law now do. In these cases the law is that the devisee may, in the exercise of his inherent right of alienation, either sell or mortgage the lands devised to him; but if legacies only are charged thereon, the purchaser or mortgagee is bound to see his money duly applied in their payment (y). If, however, the testator's debts are charged on the lands, then, whether there be legacies also charged or not, the practical impossibility of obliging the purchaser or mortgagee to look to the payment of so uncertain a charge exonerates him from all liability to do more than simply pay his money to the devisee on his sole receipt (z).

(n) Watk. Descents, 174, 17(5 (229, 231, 4th ed.)

(o) Principles of the Law of IV Personal Property, pp. 270 et seq., 4th ed.; 312 et seq., 5th ed.; 318 et seq., 6th ed.; 328 et seq., 7th ed.

(p) See the author's Essay on Real Assets, c. 6.

(q) Sug. Pow. 120 - 122, 8th ed.

(r) Stat. 22 & 23 Vict. c. 35.

(.s) Sect. 14.

Where executors may sell or mortgage to pay debts or legacies.

Devise in fee or in tail charged with debts.

(t) Stat. 22 & 23 Vict. c. 35, s. 15.

(u) Sect. 16. (x) Sect. 17.

Charge of legacies only.

Charge of debts.

(y) Horn v. Horn, 2 Sim. & Stu(y 448; Essay on Real Assets, p. 63.

(z) Essay on Real Assets, pp. 62, 63.