case south against allen a devise of the rend and profit of all my land and  tenement lie in dale to my sister during her natural life to be pay by my  executor into her own hand without the intermeddle of her husband and after  her decease the say land and tenement to be equal divide unto and among the  child of my say sister modern er p be not a devise of the land to his sister  for life but to his executor in trust to receive the rend and profit for her  use during her life S c ante S c salk S c comb in ejectment for land in to it  upon the demise of William birch and Sarah his wife a special verdict be find  that John stone be seize in fee of the land in question and by his last will  and testament devise the rend and profit thereof to the say Sarah for life to  be pay by his executor into her hand c the question be whether this be a  devise of the land to her for life or to the executor during her life if it be  to her for life then the ejectment be well bring upon the demise of the  husband and wife those who argue for the plaintiff hold that it be a good  devise of the land to the wife for life for a devise of the rend and profit be  a devise of the land itself and the subsequent word to be pay by his executor  will make no modern alteration of the estate it make they bailiff to a  particular purpose but give they no interest as for instance a man have issue  a son and a daughter carpenter v Collins Yelv a and devise that his son shall  have his land at the age of twentyfour year and bequeathe forty pound to his  daughter at the age of twentyone year and appoint who shall be his executor  and that he shall have the oversight and do of all his land c until the  several age of his child and it be adjudge that the executor have no interest  in the land by those word but only a stewardship for the benefit of the heir  so in Trinity term in the fortyfirst year of queen Elizabeth the testator be  seize in fee devise to his son in tail and appoint that the overseer of his  will shall educate his son till twentyone and receive set and let for he and  it be adjudge Pigott v garnish cro Elizabeth a that the overseer have no  interest to make a lease for year in his own name but that he may make lease  at will and that his receipt be for the use of the devisee if a man devise  that his land shall descend to his son and that his mother shall take the  profit until he be of age and the mother marry and die before her son come of  age the husband shall not have the profit till that time because no interest  be devise to the wife but a confidence for the benefit of the son Leon pl b  there can be but three pretender to this estate the heir at law the executor  or the devisee the heir at law can have it for a devise of rend and profit be  a devise of the land itself the executor have no estate by this devise for  since the statute of will Henry c Henry c car c c the law never construe a  freehold to pass by such word without necessity require it for nothing be give  to they but that they shall pay c and it be no consequence because they be to  pay that therefore they must have the estate in the land see Com dig devise n  d if a lease be make upon condition that the lessee shall not alien but to his  child and he afterward devise part of the term to his son after the death of  his wife and make his executor and die this be no forfeitureHorton v Horton  cro James e because the law will not intend it to be a devise to the wife by  implication to make a breach of the condition in order to destroy a estate  express devise so in this case the rend be express devise to the wife though  they be to be pay by his executor the law will construe it to be a devise to  the wife because it do not appear that he intend any interest to the executor  modern those who argue for the defendant insist that it be impossible to  fulfil the intent of the testator if the estate shall not be vest in the  executor his meaning be that the wife shall receive the rend for her life  which she may do if the executor receive the profit a executor quatenus such  have nothing to do with the freehold so that his office be not concern in this  case but the person be describe who shall receive the profit and therefore  such a construction must be make of the will that all the part of it may stand  together can any reason be assign why a devise of the rend and profit c shall  pass the land itself but only to fulfil the intent of the testator by  implication for the right which be give to a modern er p man to receive the  profit entitle he to the land but if any thing appear in a will to show the  intention of the testator to be otherwise there the law will never make it a  estate by implication if a estate of freehold shall be vest in Sarah the wife  then her husband will have it during her life and if he shall be outlaw or  become a bankrupt it will then be forfeit for his life and during that time  she can not have the profit which be direct contrary to the will the law have  appoint no particular word to dispose a freehold by will therefore such word  which show the intention of the testator to devise such a estate be sufficient  to make it so now a executor can pay the rend into the hand of the wife unless  he have some estate in the land to sue for and recover the profit if the  tenant shall deny payment as to the case of carpenter v Collins cro Elizabeth  S c Yelv S c Brownl a it be not to this purpose for that be only a appointment  to the executor to look after the land they be no more than the overseer of  the will and have no legal interest by that devise in Trinity term judgement  be give for the defendant by the opinion of two judge against the chief  justice who hold that the intent of the testator will be better fulfil if  these word shall be construe to give a interest to the executor during the  life of Sarah because the will be pen against her husband by such a  construction he will have nothing to do with the rend but by pen this will the  executor have no interest by these word for if they shall it will contradict  the precedent devise of the rend and profit to the wife and that will be to  make a devise by implication to the executor to modern contradict a express  devise to her for life but by the opinion of the other judge the defendant  have judgement