Assets of Estate at Common Law.—Under the common law, where no different order is prescribed in the will, the assets of the deceased, for the purpose of paying the debts of the estate, will be marshalled, and the debts paid out of them in the following order : First, the personal estate not specifically bequeathed, or expressly or by implication excepted ; second, lands expressly devised for the payment of debts; third, lands descended to the heir; fourth, lands devised.

Idem.—This order of marshalling the assets is not to be disturbed by the fact that lands are devised subject to a mortgage thereon.

Idem.—The personal estate is first to be applied and exhausted, even for the payment of debts charged upon the real estate by mortgage, if the debt so charged was the personal debt of the testator.

Idem.—It requires express words in the will, or an intent clearly manifest upon an examination of the entire will, to disturb this order.

Idem.—The making of a specific bequest is regarded as indicating an intention to discharge the particular personal property specifically bequeathed from the debts of the testator.

Idem.—A specific bequest of personal property is the bequest of a particular thing or money specified and distinguished from all others of the same kind, as of a horse, or money in purse.

Specific Bequest.—A bequest of “ all my personal estate * * * ’* is not a specific bequest, and under the common law such bequest would not discharge the personalty from being first applied to the payment of the debts.

Payment of Debts of Deceased.—Under our law generally the personal estate which comes into the hands of the executor is first chargeable with the payment of the debts of the deceased.

Idem.—The rents and profits of the real estate accruing subsequent to the death of the testator, are not personal property in the hands of the executor to be first applied to the payment of debts in exoneration of the general personalty.

Idem.—Under our law, as between the legatee of the personalty and the devisee of the realty, the executor is not authorized to appropriate the rents of the real estate which accrued subsequent to the decease of the testator, to the satisfaction of a debt of the deceased secured by a mortgage on the realty, in exoneration of the personalty.

Devise of Realty.— Under the common law, every devise of real estate was regarded as specific. Under the statutes of California, a devise of real estate may be general. z

Idem.—A devise of all the real estate of which the testator may die seized, made in pursuance of the provisions of section twenty-two of the Act of the State of California concerning wills, is a general, not a specific, devise.

Marshalling Assets to pay Debts op Deceased. — Where the testator dies leaving both personal and real estate, and owing debts secured by mortgage on the realty, and bequeaths all the personal estate and one half of all the realty to one devisee, and the remaining half of the real estate to another devisee, and makes no mention of the debts, the legacies and devises are all general, and the real and the personal estate devised, under sections one hundred eighty and one hundred eighty-one of the Probate Act, must contribute pro rata to the payment of the debts, in proportion to the value or amount of the several devises or legacies.