case hawker versus Buckland March die June   a Cr devise of land to a pay out  of the rend or out of the land a certain sum be no feesimple otherwise if the  devise be pay a certain sum general without say out of the land devise of land  to executor for payment of debt no asset at law till sale but when sell the  money be legal asset the question be whether a feesimple pass by the word of  the will and the case of collier be cite where it be adjudge that a devise pay  out of profit or out of land in general be no feesimple but a devise pay a  certain sun at the end of two year or at any other certain time and the profit  not be sufficient will pass a feesimple and so a devise of land pay a certain  sum without more be a feesimple and in this case the devise be to the executor  for payment of debt the value of the land can be give in evidence as asset at  law in the executor hand but when the land be sell the money in the executor  hand will be asset at law after give by the will diverse legacy and among they  one to the heir at law of pound the word of the devise be as follow give  devise and bequeathe unto he the say James Hawker my executor all my land good  and chattel of what kind soever not before give and bequeathe and my will be  that my funeral expense and charge together with all my debt shall be pay and  discharge by my pay executor and my will further be that all my legacy  hereinbefore mention shall be pay by my say executor within two year next  after my decease which say legacy my will be that they all shall be pay out of  my land common call or know by the name of Truchayne lie and be in the parish  of coliton and other land lie and be in the parish of Axmouth together with my  chattel lie and be in the parish of coliton and shoot in the county of Devon  the cause come on to be hear before the lord commissioner the that June and  the court order a case to be make on the d July follow the decree be make as  follow their lordship declare and be of a unanimous opinion that though by the  word of the devise of all my land take alone nothing pass but a estate for  life yet the legacy be to be pay in two year and the rend and profit of the  land not sufficient to pay the same in man year more and there be a legacy of  pound give to the defendant and charge on the say land a feesimple do pass by  the say will to the plaintiff and that he may sell and dispose thereof to  perform the say will and that if after sale make there shall appear a overplus  that such overplus ought to go to the plaintiff the devisee for which the heir  have contend and not to the heir and that the say defendant the heir shall  join in the sale but the say plaintiff be first to pay the say defendant his  legacy of pound and his reasonable cost of this suit to be tax but the say  cost not to be pay in case he shall not ready comply in the join in the sale  Reg lib a fol note the case of reak v lee king b Freem and unanimous affirm  upon a writ of error in the exchequer chamber be cite for the plaintiff as to  the devise for payment of debt be a devise in fee ackland v ackland post do v  Richard t r Goodright v Stocker t r do v Holmes t r do v Snelling east vide  Girling v lee ante Vol and further shall Henry cap and see the exposition of  that statute Wentw off exec Dethicke V caravan Le v Vernon chancery case er p