"With  regard  to  the  last  of  these,  it  is  to  be  noted  that
legacies  are  not  payable  out  of  land  unless  they  are  ex-
pressly charged  upon  it.  When  a  legacy  is  charged  on  a
specific  piece  of  land,  it  is  itself  a  specific  legacy,  and  on
sale  of  the  land  charged  before  the  death  of  the  testator  it
is  adeemed  {Neirholdy.  Roadloughf,  1  E.  &  My.  677),  and
on  the  death  of  the  legatee  after  the  testator,  but  before
payment  and  before  the  end  of  the  executor's  year,  it
lapses  for  the  benefit  of  the  land  on  which  it  was  charged.
It  is  to  be  noted,  further,  that  there  is  no  division  of
devises  similar  to  this  division  of  legacies  into  specific,
demonstrative,  and  general.  All  devises  are  in  their
nature  specific — even  residuary  devises.  {Lanceficld  v.
I(j(juMen,  10  Ch.  App.  136.)

Position  of  Executors. — We  have  already  jDointed  out
that  hitherto  an  executor,  qua  executor,  has  nothing  to  do
with  the  freehold  lands  devised  in  the  will  of  which  he  is


BY  TEANSFEE  BY  ACT  OF  OWNEE:  MOETIS  CAUSA.       245

executor.  That  will  may  vest  these  lands  in  him,  or  it  may
give  him  a  power  of  sale  over  them  for  the  purpose  of
raising  funds  to  pay  the  testator's  debts  or  legacies,  but
such  rights  as  he  thus  takes  he  takes  as  devisee,  and  not  as
executor.
