Carthew oldham versus pickering Pas will b r rot salk SC comb SC Danv pl a  estate pur auter vie be a freehold and not distributable vide Vaug Leon Mod  cart keb in a prohibition and upon a demurrer to the declaration the case  appear to be that a who have land limit to he during the life of b die  intestate and the plaintiff take out administration b the cestuique vie be  still live and now there be asset sufficient beside this estate pur auter vie  to pay all the debt c the next of kin to the intestate libel in the spiritual  court against the administrator to have this estate pur auter vie distribute  suppose the statute which make such estate asset in the hand of a executor or  administrator have change the nature of the estate and make it a mere chattel  in their hand and so subject to a distribution as other the personal estate of  the intestate say per curian such a estate still remain a freehold and the  administrator be tenant of such freehold against who the praecipe must be  bring if a common recovery shall he have against he of the land and the design  of this statute be only in respect to creditor to make a estate pur auter vie  asset for payment of debt and for that end only the administrator be make a  occupant but in all other respect the quality of the estate remain the same as  it be before at commonlaw and the spiritual court never have any jurisdiction  in case of freehold et per holt Ch justice since the statute car it have be  hold that the statute Edward cap I be thereby repeal and he hold that the  reason of distribution of the intestates good by the ordinary before the  statute car be because there be no property of those good in any body  therefore the ordinary have the possession he dispose they at his pleasure for  there be no proprietor to control he and he doubt whether this estate pur  auter vie be subject to the payment of general legacy in case it come to the  hand of a executor or occupant by force of the statute car cap quaere whether  it shall go to the administrator de good non c for that it be not within the  letter of the law and it be make a doubt in the argument of this case