Brett v. Williamson

<p>Wilis. Interest of devisee subject to execution. When. A testator provided by the fourth item of his will, as follows: “ I desire and direct that at the death or marriage of my wife, Sarah A., or as soon thereafter as possible, my plantation shall be sold on a reasonable credit and the proceeds of sale be equally divided between my sons, T. E. and P. E., and my grandson, J. M.” Prior to the death' of the widow, P. E. confessed judgment in favor of a creditor, who with the consent of P. E., levied an execution upon his undivided one-third of said land and sold the same, becoming the purchaser thereof. After the death of the widow the land was sold as directed by the will, and other creditors sought by bill to appropriate the interest of said P. E. Held, that the purchaser at execution sale ¡was entitled to the interest of P. E.; that he had such an interest in said land before the death of the widow as Was liable to sale under execution.</p>