case oldham against pickering estate pur autre vie be only asset in respect of  creditor and not Chargeable with legacy unless thereout express give and the  executor or administrator if no debt will be occupant and not distributable S  c salk S c Carth S c comb S c salk S c holt S c ld ray attachment upon  prohibition the case be though Oldham be seize of a message to he and his  assign for three life die intestate without child have only whether Pickering  his sister Administration be commit to Sarah Oldham the plaintiff who the  defendant sue in the spiritual court for distribution the single question be  whether a estate pur autre vie be now distributable in the same manner as a  intestate good and chattel accord to car c by force of car c whereby it be  enact that a estate pur autre vie shall be devisable and if no such devise be  thereof make the estate shall be answerable in the hand of the heir if it  shall come to he by reason of a special occupancy and in case there be no  special occupant it shall go to the executor or administrator of the party  that have the estate thereof by virtue of the grant and shall be asset in  their hand and adjudge per holt chief justice Rokeby Turton and Eyre justice  that the prohibition shall stand and that a estate pur autre vie of a  intestate be not distributable for notwithstanding this alteration by the  statute it remain a freehold still and the amendment of the law in this  particular be only design for relief of creditor that if it come to the heir  by reason of special occupancy it shall be in his hand as asset by descent  that be liable to those debt where the heir be Chargeable and those only but  if there be no special occupant then it shall go to the executor and  administrator and they shall be in the room of the occupant and it shall be  asset in their hand for the payment of debt but it be not asset to pay legacy  except such as be particular devise out of it the statute only have make it  asset for a particular intent to pay creditor so as no debt appear in this  case the administrator be as it be the occupant and shall not be compel to  make distribution a