BOSKELUET and Godolphin testator be bind to a in a bind of to the use of his  wife condition for payment of to b his wife after his death and die  administration during the minority of be commit to the wife and in action  against her the question be whether she may retain or not upon a demurrer  pollexfen that she can Skinner he agree that a executor may retain for a debt  of equal nature but this be not a debt due to her but to her trustee nor in  her power to discharge but remain due to they and if they shall bring a action  against her she have nothing to plead at law yet she be not without mean to  come by the money for if she have confess a judgement to her own trustee she  may have plead that judgement in bar he pray judgement for the plaintiff holt  Mr pollexfen object the bind not be to her she be no creditor I answer it  appear this for the benefit and advantage of her and to be pay to her and the  difference be where a bind be condition to be pay to I S and where it be to  the use of I S where it be condition to be pay to I S there it be the same as  if I S be the obligee e he cite this to show that the bind be to the benefit  of the wife she be not as a mere stranger but in the same condition as if the  bind be to her the reason of a retainer be because the money be Payable to the  party that have asset to pay and he cite the Cr roll executor if it have be a  good plea in the administratrix that she have pay it to her trustee as  pollexfen agree it will why shall she not retain for to pay it with one hand  and receive it with the other be too nice beside retainer be not the act of  the party but of the law hob h Fitzherbert bar where the question be if he may  waive a retainer and hold he can not nay executor may retain where he never  can have a action as where he make payment out of his own good dyer more and  so pray judgement pro to ward off pollexfen grant in this case that plene to  manage have be good though you can plead a bind to protect the estate against  another bind and since hale S time the plead have always be that bene yes be  that such a judgement be but that only so much be due and that the rest be  keep on foot by covin Skinner er p c Adjournat afterward in Hillary term car  judgement pro to ward off nisi