alexander agt holland a simple contract creditor have no claim on the freehold  who debt be secure on another part of the testator estate one holland purchase  of lincolncollege in Oxford a copyholdestate for his own life and that of the  plaintiff son in succession be part of a manor in which widowhood be by the  custom of the manor annex to the copyholder estate and sign a agreement  between he and the plaintiff that as pound part of the fine which he have pay  the college for his estate be advance by the plaintiff Alexander his son be to  have the estate after he and in case that son shall die Alexander be to be at  liberty to put in the life of any other of his child in his room pay the  charge or if he shall think fit he be to be repay the money with interest at  per cent holland die leave a will wherein he take notice of this agreement or  memorandum and subject his copyboldestate to the payment of the money if it  shall ever be demand and afterward give a small freehold which he bad to his  wife in fee subject to some particular encumbrance charge thereon Alexander  son die soon after on which he not be able to agree with the college for a new  lease file a bill to be repay the pound out of holland estate with interest  his honour hold the meaning of the say memorandum Kenyon to be that after  holland death and the determination of that estate which the custom give his  wife for her widowhood Alexander son be to have the estate in consideration of  the pound but that if he die before that time not before the death of holland  as the defendant counsel contend but before he come to the estate Alexander be  to have the alternative of add the life of any of his child on pay the fine to  the college and the incidental expense of the new lease or if he do not choose  that he be to be repay the pound with interest c but this interest be not to  be compute from the time the money be advance but only from the time of make  the option that as to the will as the testator have not charge his estate with  the payment of his debt this be only a simple contract be not a charge upon it  the testator have indeed take some notice of the pound but then it be only to  charge it on the copyholdestate and have devise the freeholdestate to his wife  and her heir absolute subject only to the encumbrance express charge thereon  and therefore the estate be not asset in her hand for the payment of this debt  that the case of Alcock v sparhawk vern Eq Abr be perhaps the only case where  land have be hold liable to simple contract debt and legacy without be express  charge with they but that be a devise to a heir at law and the determination  turn on that point for the court think it must be the testator S intention in  devise to he that he shall take subject to his debt and legacy because  otherwise he need not have make any devise as the estate will have descend to  he without it and therefore have not that devise be to the heir at Kenyon er p  law but to a three person as in the present case the determination will have  be otherwise decree accord