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One who is creditor to a defunct either originally or by assignation, or by having made payment on a discharge which entitled him to relief, afterwards confirming executor qua nearest of kin, has the same preference as if he had confirmed upon his debts as executor creditor, his confirmation being in the one case as in the other, considered as a proper diligence for his payment or relief; nor does it vary the case, in so far as concerns the cautioners in the confirmation, that the said executor is also heir; for although as heir he is universally liable, yet his cautioners in the testament are only bound for him as executor, for what remained unexhausted of the testament over his own debt.
