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III BROWN.
LAWSON v. LAWSON [1781]

and that by that devise an estate tail in remainder vested in the said Catherine Jolland; it was ORDERED and ADJUDGED, that the appeal should be dismissed, and the decree therein complained of affirmed, with £50 costs to the respondent Catherine Belchier. (M. S. Jour. sub anno 1781. p. 194.)


[424] Case 58.—John Lawson,—Appellant; Winifred Lawson,—Respondent [27th February 1781].

[A. devises his real estate, subject to certain incumbrances, to B. in fee. B. enters, but before the incumbrances are discharged, dies; having by his will charged all his estate both real and personal with the payment of his debts, etc. The widow and executrix of P. finding his personal estate sufficient, pays all his debts, and also the incumbrances upon the estate of A. But on a bill filed by the executrix against C. the devisee of B. for a satisfaction of the debts which were charged on the estate of A. and which she had paid out of the personal estate of B. she was held to be entitled to such satisfaction.—By the established rules of equity, the personal estate of a testator, whose will does not require such an application of it, is not to be applied in favour of those who claim his real estate, for the purpose of exonerating it from debts not originally contracted by him. Courts of Equity distinguish between the debts of a testator and the debts of his estate. If therefore, the testator has received the money for which his real estate is pledged, his personal estate having received the benefit of the charge made upon the real estate, is equitably liable to disincumber the real estate from that charge. But if the testator's ancestor created the charge, the personal estate of the testator, receiving no augmentation at the expence of the real estate, cannot, in such case, be considered as debtor to it.]

Robert Lawson, being seised in fee simple of a messuage and several parcels of ground in Cramlington in Northumberland, by indentures of lease and release, bearing date the 19th and 21st days of March 1717, and by a fine levied thereof, in consideration of £1500 paid to him by Henry Rawling, did grant, release, and assure to the said Henry Rawling, his heirs and assigns, the same premises; to hold to the use of Henry Rawling, his heirs and assigns for ever, subject to a proviso therein contained for redemption of the said premises, on payment to Henry Rawling, his executors, administrators, and assigns, by Robert Lawson, his heirs, executors, or administrators, of £1500 with interest, at such place, day, and time, as therein mentioned, and long since past. But Lawson did not pay the £1500, or any part thereof to Rawling, or any other person, either at the time mentioned in the proviso, or at any other time.

Robert Lawson, by his will duly executed, dated the 4th of October 1737, gave, devised, and bequeathed the premises in mortgage as aforesaid, to Robert Lawson his younger son, in the words following; that is to say,

Also I give, devise, and bequeath unto my son Robert Lawson, and his heirs and assigns for ever, all my freehold messuage, tenement, or farmhold, in Cramlington in the county of Northumberland, all late in the possession or occupation of John Hall as tenant thereof, and now divided into two farmholds or tenements, one part thereof, to wit, the in-grounds, now in the possession of the said John Hall, and the other part thereof, being the out-grounds called by the name of the Whitehall, now in the occupation of me the said Robert Lawson; charged and chargeable nevertheless, and subject and liable to the payment of £1500 principal money, a mortgage [425] thereon, and the interest due and to grow due for the same, to hold the same to my said son Robert Lawson, his heirs and assigns for ever, charged and chargeable as aforesaid.

—And the testator by his will directed, that a particular fund therein mentioned, should be applied towards payment of such debts as should be owing by him at his death, other than the said £1500 and the interest thereof.

The testator Robert Lawson died soon after making his will, without altering or revoking the same; and upon his death, Robert Lawson his son did, by virtue of the will, enter upon and take possession of the messuage and premises so devised

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