case Dux devon versus Kinton Wid Lord chancellor do you Eq can ab pl S a seize  of a leasehold estate to he and his heir for three life settle it on his  daughter and her husband for their life remainder to the use of his own  executor and administrator the daughter and her husband die a die indebt by  simple contract and devise his estate to his wife decree that the use of this  estate be limit to the executor and administrator of a this make it personal  estate in a and be personal estate a can devise it exempt from his debt though  due but by simple contract Kinton have a estate grant by the bishop of London  to he and his heir for the life of a b and c upon his daughter marriage convey  it over for the use of his son and daughter for their life and after to permit  the issue of that marriage to receive the rend and for want of such issue to  permit the executor administrator and assign of Aaron Kinton the settlor and  testator above to take to his and their use and use all the rend and profit  during all the estate as shall then be in the premise upon such renewal from  time to time r l remainder to his own executor administrator and assign his  daughter be dead and Kinton die indebt to the plaintiff who steward he be by  simple contract and have devise this estate to his wife the defendant the  question be whether the residue of this term expectant on his soninlaw decease  shall be asset to pay a creditor by simple contract by the statute against  fraud and perjury stat car cap sect and see stat Geo cap sect a estate pur  auter vie be make devisable and be asset to pay bind and specialty if it come  to the heir and asset general if it come to the administrator but if it be  devise as in this case Mr Kinton have devise it to his wife the devisee take  it as devise to he and it be no more asset now than it be before the statute  of fraud and perjury Lord chancellor as to the statute against fraudulent  devise stat wm and mary cap although the general word in it may extend to a  Vernon chancery case devise of a estate pur auter vie yet that be only for  creditor by specialty and the plaintiff here be only a creditor by simple  contract but in this case the residue of the term be to Mr Kinton and to his  executor and administrator he have make it personal estate and his lordship  take it that before the statute of fraud and perjury if a estate pur auter vie  come to a executor or administrator it will be asset but where a occupancy  before the statute of fraud there not subject to debt Raggett v clerk ante Vol  and qure whether before the stat Geo two cap such a limitation will convert a  estate original freehold into personal estate for where a dean and chapter  make a lease to a man his executor and administrator for three life it be hold  to be a descendible estate and to belong to the heir and not to the executor  saint John college v Fleming ante p and decree it accord Reg lib a fol vide  duke of Devon v Atkins p wms S c Westfailing v Westfailing atk and the case  and doctrine full state and discuss Ripley v Waterworth Ves Vernon chancery  case er p