
    Crenshaw and Others v. Crenshaw’s Executors and Others.
    Thursday, June 23, 1808.
    Executors — Still Not Fixed to Freehold — To Whom It Passes. — - A. still, not fixed to the freehold, in a house which might be injured by its removal, is personal property, and goes to the executor, not to the heir.
    The only question in this case was, whether a common still should be considered as real or personal estate between the heir and executor.
    
      
      See monographic note on “Executors and Administrators” appended to Rosser v. Depriest, 5 Gratt. 6.
    
   PER CURIAM.

The people of this country have always been in the habit of lending such stills among one another ; and, in all such ■cases, they have been considered personal and not real estate. They have never been considered such members of the freehold as that to sever them from it would be injurious to the inheritance ; a rule of feodal origin, not one badge of which has been left by the legislature of this country.

But the Court does not mean to say that this rule would apply to stills really fixed to the freehold in a house which might be injured by their removal. When a question of this sort shall occur, it shall be settled.  