a report of the opinion of all the justice of the king bench in easter term in  the that year of the reign of queen Elizabeth upon a point arise in a ejection  strong bring there by robert Bransby against vinncent Grantham upon a lease of  tenement in Bracebridge in the county of the city of Lincoln which lease be  make to he by Edward Sapcots the that day of April in the that year of the  present queen for five year next follow from the Feast of saint Michael the  Archangel then last pass and the record be enter among the record of Trinity  term Elizabeth rot the case a executor can devise the good which he have as  executor S p roll r Leon Bulst Crompt I c b finch finch Swinb Godolph Orph leg  Plowden er p Wentw of exec treat of will Nels law witness law of testament c  vin Abr title devise a pl I pl title executor n a pl a pl X b pl the defendant  entitle himself by a former lease mad e to his grandfather by Thomas  Bracebridge who be then seize in fee of the tenement and his grandfather make  his testament and ordain his son Thomas Grantham his executor and die and  Thomas as executor to the grandfather enter and make his testament whereby he  devise the say term and interest to the defendant his son and make four other  his executor and die and the defendant by the assent and consent of the  executor enter and be possess and the say Thomas Bracebridge enter and eject  he and make a mean conveyance whereby the land at the last come to Sapcots the  lessor of the plaintiff and the defendant reenter claim his former lease and  eject the plaintiff and it be the opinion of all the justice as I be credible  inform for I be not present when they declare their opinion though I be of  counsel in the case that the bar be not good because the devise of the  defendant be void for the devisor have the term as executor to the grandfather  and that which a man have as executor he can devise to another a vin Abr title  devise I pl a for as soon as he be dead the thing go to the use of the first  testator and his executor shall have it as executor to the first testator and  to his use and not as executor to the last testator nor to his use b Swinb  Godolph Orph leg Wentw off of exec vin ab title executor a pl b for the good  which be the first testator shall not be put in execution for the debt of the  last testator and the last executor have they by relation as immediate c S p  ante c and e c executor to the first testator so that the property which the  last testator have in they be take away by the relation and the good be in  such plight as if they have never be in he and yet in his lifetime he have the  disposal of they for then he have authority over they and have the whole  property as executor but by his death that authority cease and be transfer to  other videlicet to his executor who shall be executor to the first testator  and as executor to the first testator only they shall hold the good for they  can have they as executor to both the testator so Plowden that inasmuch as the  property which the last testator have be in respect of the executorship which  be a office that cease by his death and be then instant transfer together with  the thing which he bad to another his devise of they be absolute void a Bulst  dr and Stud lib cap foe Swinb Godolph Orph leg for which reason a term in  right of the wife be not devisable by the husband ante e a for no man can  devise any thing but what he have to his own use and although the defendant  have say that he enter by the assent and consent of the last executor this can  be take as a grant of the term by the last executor but only as a assent that  he shall have that which the testator have give he b a assent to a void legacy  be also void vin Abr title devise e a pl Nels law witness so a attornment to a  void grant be void and shall not bind the tenant as if the lord grant the rend  of his tenant with clause of distress save to himself the fealty this clause  of distress be void in law and therefore although the tenant attorns the  grantee shall not distrain h Edward b a adjudge   Litt b b and if the devise  be void in law their assent also be void wherefore it be the opinion of all  the justice that the devise and the assent be void and Wray chief justice say  that he bad speak with several of the justice of the common bench concern this  matter and they be of the same opinion with he and his companion that the  devise be void and the judgement be that the plaintiff shall recover the term  but that be upon another point of the case not here mention which judgement  here follow Plowden er p the judgement at which day before the lady the queen  at Westminster come the party aforesaid by their atorneys aforesaid whereupon  all and singular the premise be see and by the court of the say lady the queen  here more full understand and mature deliberation be thereupon have it be  consider that the aforesaid Robert Bransby recover against the aforesaid  Vincent Grantham his term aforesaid yet to come of and in the tenement  aforesaid with the appurtenance and his damage as well by occasion of the  trespass and ejectment aforesaid as for his cost and charge by he about his  suit in this behalf expend but because it be unknown to the court of the lady  the queen here what damage the same Robert in this behalf have sustain  therefore the sheriff be command that by the oath of twelve good c of the city  aforesaid he diligent inquire what damage the same Robert have sustain as well  by occasion of the trespass and ejectment aforesaid as for his cost and charge  by he about his suit in this behalf expend and the inquisition which c to the  lady the queen at Westminster on Wednesday next after day of easter under the  seal c and the seal c they send together with the royal writ to they thereof  direct c the same day be give to the aforesaid Robert Bransby there c