case morgan versus morgan at the roll eoden die a man can commit a devastavit  by will but nothing passes but what the testator may lawful grant I give to a  all my personal estate which I shall be entitle to as administrator to my  father or otherwise howsoever exonerate and discharge of all my debt and  funeral and the testator subject his land to the payment of his debt and  funeral nothing passes by these word that belong to the father but the  distributive share of the son and though if he waste the asset by construction  of law he make his father debt his own yet the word of this will must not be  take in that sense but they must be pay out of his personal estate Swinb part  sect n bro title Adm n Fitzherbert same title n Plowd Wentw OK of ex the  testator make his will inter all in these word I give and bequeathe to my  grandmother all my ersonal estate of what kind nature or quality soever which  I shall be entitle to as administrator to my father or otherwise howsoever  exonerate and discharge of the payment of all my debt and funeral charge and  subject his land to the payment of his debt and funeral the defendant insist  that this be a specific legacy discharge of the debt of the son but not of the  father and will take in only the distributive share of the son the plaintiff  that by the word and intention of the testator all the personal estate of the  father as well as of the son will pass and discharge of both mosely report  their debt for the distributive share do not belong to he as administrator but  he have a right to it if he have not take out administration and the word  signify all the legal estate he be entitle to by take out the letter of  administration which as he may dispose of in his lifetime so he may by his  will which will amount to a devastavit and then the debt of the father will  become his debt master of the roll a man by law can commit a devastavit by his  will but only by act execute in his lifetime for the testator can give nothing  away by a devise but what he lawful may and therefore only his distributive  share of the personal estate discharge of the debt can pass the debt be case  another not the personal estate of the father and he say all my personal  estate not all his personal estate and even if the son by commit a devastavit  have make they his debt in construction of law they shall not be consider as  such in this will but his estate g be only his share under the statute of so  much as remain after payment of the debt but if he have waste the asset of the  father so that there be not sufficient to satisfy his debt as to so much they  be the son debt and must be pay out of the personal estate Thursday June the  that