case noel versus Robinson April Lord chancellor ante case post case Ch Rep Cas  vent by the defendant counsel it be insist that by the custom of the island of  barbados a plantation there though it be a feesimple estate be in the first  place liable to the payment of debt as to the method of make a plantation  liable to a debt contract in England post S c so that the owner can by his  will so devise his plantation but that the same will be liable to the payment  of his debt but these debt must be either debt contract on the place or debt  contract in England or elsewhere for matter relate to the plantation c and Mr  sergeant maynard case be cite who recover a debt contract here against the  executor of a owner of a plantation in barbados and by his advice a action of  trover be bring and judgement obtain for the four part of a negro but the  principal point intend be whether the defendant Robinson who be the executor  of sir Martin Noel who have devise this plantation to his child have make a  lease of this plantation reserve the rend to himself but have therein declare  that the same be in trust for the child of sir Martin Noel who be the legatee  be such a assent to a legacy as shall be bind to the executor so as that he  shall not have relief against the same as to debt by he afterward pay Vernon  chancery case and it be insist for the defendant that such a assent to a  legacy be no way bind as to a creditor the thing itself remain in specie but  in case the plantation have be afterward sell it may have be otherwise and  then as it will not bind the creditor so it will not in equity be bind to the  executor himself as to such debt as be by he afterward pay for as to those  debt he stand in the place of the creditor and have their equity and the case  of Huttoft grove versus banson and his wife and Thomas grove Ch Rep decree the  fourteenth of December be cite where one Huttoft by his will devise pound to  the plaintiff and pound to the plaintiff sister who afterward marry banson and  make defendant Thomas grove his executor and upon the treaty of that marriage  the executor agree that there be pound and interest due for the legacy and  that he will make that up pound and enter into a statute for payment and also  assign the equity of redemption of a mortgage for further security and die  have much waste the testator Vernon chancery case er p estate and without  asset sufficient to make compensation and the plaintiff bill be that banson  may have his pound legacy only in proportion with he and it be so decree  accord and the plaintiff be prefer as to the redemption of the mortgage he  have legacy and the defendant but pound and a like case of Nelthorpe and  Biscoe I Ch Rep where a legatee have actual receive her legacy at the time it  become Payable and the estate afterward by casualty prove deficient to answer  the other legacy which be not then Payable be make to refund and the case of  chamberlain and chamberlain Ch Rep decree the that of July that a assent to a  legacy shall not bar a creditor where the thing itself be remain in specie and  in the case of Catchmay and Nicholls where a woman that have the use of a  personal estate devise to her for life with a remainder over to another have  change the security and take new bind in her own Vernon chancery case name it  be determine that that shall not be construe to be a devastavit qure autem et  vide Barker v Talcot and shaw post or make her estate any way liable and that  the executor in that case be but in the nature of a trustee and be not to be  punish where the devisee have act fair and do nothing against good conscience  and beside in the principal case the assent insist upon be not proper speak a  assent to a legacy for the devise be of no less than the whole inheritance  Lord chancellor it be a case of consequence and it will be fit therefore it  shall be well inquire into how far a plantation in barbados be liable to the  payment of debt but as to the actual assent to a legacy by a executor that  will not bind a creditor if a executor shall release a debt of pound for one  shilling that will not bind a creditor but in case there be no other creditor  save only the executor himself there his assent will be bind to he as if a  executor will voluntary release a debt he shall not be relieve against it  though a creditor shall so Gelby v Cleve hill will and mary c b cite in  chamberlain v Harvey ray butt v penny keb in brown v Cooper salk it be leave  unsettle whether negro be inheritance or not but in smith v gold ibidem and  raym SC it be decide that trover lie not for a negro but it seem in trespass  qure prisoner of war suum to take in hand plaintiff may give in evidence that  he be his negro ibidem