case CHITTON versus burt November in court Lord Macclesfield pale yellow Chan  S c wms S c and wms case tempt Talb atk S c cite post a devise land to his son  in tail and pound to b to be pay on a contingency the executor pay away the  asset in satisfy bind debt the contingency happen within two year after the  testator death Vet b can stand in the place of the bind creditor so as to  charge the devisee of the land nor compel the executor to pay it out of his  own pocket one make his will and thereby devise his land to his son and the  heir of his body and give a legacy of pound to the plaintiff upon a  contingency which happen within two year after the death of the testator in  the mean time the executor have pay away all the asset in satisfaction of bind  debt and the only question be whether the plaintiff the pecuniary legatee  shall be admit to stand in the place of the bind creditor and it be decree he  shall not and that decree now affirm on a rehear for that the testator must be  suppose to have as great a kindness for the devisee of the land as he have for  the legatee of the money and a pecuniary agot shall never charge a specific  devisee of land even though the land be specifical devise to the heir at law  accord to the distinction take in the case of Herne and merick salk wms S c  which be cite as a case in point but if the land have be leave to descend to  the heir at law it will have be otherwise but in the principal case it will  have be much hard still to charge the executor to pay this legacy out of his  own pocket because the precedent in chancery contingency may never have happen  or may have happen so many year after as will make it a exceed great hardship  upon he especial since he have duly administer the asset in the mean time and  precedent in chancery er p the accident happen after ought not to be admit to  impeach what be do in pursuance of his duty before report by Peer William  under the name of Clifton v Birt and much more accurate state