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Case Stated by Walter G. Hudgins of Bowling Green,
to Mr. Holcombe.

Tennent is insolvent, with many judgments
agst him, & has been carrying on business in his wife's name.

His wife's father was also insolvent & died so.

Afterwards his wife's grand-father died, & by
his will "devised" 1/12 part of his estate to two of his sons, in trust
for Tennent's father in law, who died before the testator, lea-
ving Mrs Tennent & another daughter him surviving.

Tennent & wife had not filed a bill "to subject
her share of her g fathers estate to her separate use &c."

The question is what is the proper cause for
Tennent's creditors to pursue?

Hudgin says he has "put executions in the
sheriff's hands."

At the first blush, it appears to me that the
rights of the creditors, as well as the mode of proceeding, will de-
pend very much on whether the property, "devised" by Mrs
Tennents g father's will be real or personal.

In either case it passes to Mrs T & her sister
(...) it could have done to their father, had hesurvived the (...)
tor, (V. C. 517. C 122. § 13) and consequently is an equitable estate in fee simple in their (...)
legal title being vested in their uncles, the trustees.

Supposing the property to be real.