CHAMBERLAlN against chamberlain and other trustee of a term after assent of  the executor sell it good fide queen if good against creditor the case be that  though chamberlain Esq be possess of lease of pound yearly and owe several  great debt make his will and make his wife Elizabeth case in chancery er p his  executrix who prove the will and pay the debt as far as the chattel personal  or stock will reach but no far and there be yet debt unpay above the value of  the lease she assent to a bequest of the say lease make by the say John  chamberlain in his say will videlicet to the say Elizabeth for her life and  after to John chamberlain the old son of the say John chamberlain for his life  and after to the first son of the case in chancery say John chamberlain the  son and the heir male of the first son after which assent Elizabeth die and  leaves Mr cross her executor who come to article with the plaintiff to sell  the say lease to the plaintiff for pound whereupon the plaintiff exhibit his  bill against the defendant John chamberlain the son and though chamberlain the  first son of the say John chamberlain the son and Mr cross the executor and  now the question be whether debt be unpay at the time of the say assent and  nothing liable to make good the say debt save the say lease the lease may be  asset in the hand of Mr cross so that he may sell they to answer the say debt  notwithstanding the say assent or whether the say bequest of the lease be vest  in the remainder accord to the say devise by the assent and can not be divest  by the sale of cross the executor and now the Lord keeper declare and decree  cross to convey accord to his say article to the plaintiff and that the say  lease shall be asset notwithstanding the assent and first he rely on this rule  of court that a executor shall not be force to pay legatee until the legatee  shall give bind to refund in proportion or in the whole for the satisfaction  of debt if any do appear unsatisfy yet the legatee upon his bill in the court  shall refund and this as well as where it be legative in specie as a horse or  pound actual pay for the legacy be not due till the debt be pay and a legacy  be pay remain as a legacy in the hand of a legatee after payment and hence it  be that a legacy be not attachable by foreign attachment be it may work a  wrong to the creditor who be three person and can have no day in court in that  suit to interplead and for this reason if a infant executor assent it be no  good assent if there be not other asset for debt which the commonlaw provide  for the security of creditor much more shall this court provide for their  security but if after such assent John chamberlain the son have sell the lease  to a three person good fide this have defeat the creditor for he have a good  Title in law and the purchaser shall not be prejudice by this trust for the  creditor and in this case it be also rule that if a executor make a devastavit  and die his executor be liable to make good of the quantum of the devastavit  to the creditor if he have asset from the first executor case in chancery note  a case be cite wherein it appear that the spiritual court insist to have  security to answer debt before the executor shall pay the legacy and a  prohibition be pray but deny and in this case because it appear that the  defendant Thomas chamberlain be not bear at the time of the decease of the say  John chamberlain the grandfather nothing can vest in the say infant and  therefore the whole term remain in the say defendant John chamberlain and for  this reason the bill against the infant be dismiss