case rise against bartlett Trinity term car roll see Wilson v Eden Beav e r  Beav e r gully v Davies lr Eq butler v butler Ch d if a administratrix marry  and the husband grant all his good and chattel and express in the deed that he  have give a horse in the name of seize of the good which horse be parcel of  the good of the intestate the good of the intestate will pass by this grant  say quaere Henry roll ab if a man have feesimple land and land for year the  lease will not pass by a devise of all my land and tenement send aliter if he  have no fee vern peer wms peer wms peer wms atk Cas tempt Talb term Rep c b  see also I brown Rep Ch vezey Cowp term Rep a executor must give special  assent to the devise of a term to he for life with a remainder over   b Cowp  devise of land for life shall not extend to a lease of land if he have other  land than the leasehold in the same place andr vezey Bl Rep Cowp to Rep a  testator may appoint separate executor of distinct part of his property Henry  pl dyer bro ex more roll Abr r if administration be grant all will do you much  good et lender concernen will c it will be a general administration though  only some particular be mention in the will cro James side I salk Com dig  dougl ejectment on the demise of John rise and Elizabeth his wife of forty  acre of land and two acre of meadow in Burnham for three year upon not guilty  a a by Ann c witness in behalf of a prisoner shall not be swear Bulst hawk ch  S and the case there cite Bl Com croak car er p special verdict be find that  Philip Scudamour be seize in fee of the land in the declaration Elizabeth and  by indenture demise it by the name of four close of pasture in Burnham for a  hundred year to Richard Batyne and that Richard Batyne enter and be possess  and be so possess and seize in fee of other land and tenement in Burnham  afterward videlicet April car make his will in write which be find in haec  word I will that my wife Elizabeth shall have burnhams and the land thereunto  belong be three half acre in Lentfield and my will be if she do marry my son  Nicholas shall have Burnbams and three half acre lie in Lentfield item I will  my son Bartholomew shall have for his maintenance out of the land five pound  yearly as long as she keep herself unmarried item I will and bequeathe to my  say wife Elizabeth all the rest of my land lie in the parish of Burnham and  Hitchman during the time of her life and afterward to my soil Bartholomew also  I make my wife my full and whole executrix of all my cattle corn and movable  good except such as I have appoint to be sell for payment of legacy prout per  Le volunt c they find that Richard Batyne die and the say Elizabeth prove the  will in the prerogative court whoever it be administration all will do you  much good the juice of the purple ac lender dictum richardum Batyne et he will  no matter how to mix by the judge of the prerogative court be commit to the  say Elizabeth that she afterward take to husband the defendant whereby they be  possess of the say lease and that the say Bartlett assign that lease to  Richard Hammond upon the condition for the payment of thirty pound at a day  certain who fail of the payment thereof reassigned afterward that lease to the  defendant that the say Elizabeth die and afterward the say Bartholomew die and  that Elizabeth the wife of Bartholomew obtain letter of administration de  croak car good richardi Batyne non administer by Elizabeth the wife of Richard  Batyne who take John rise to husband and they let to the plaintiff and the  defendant oust he and if c this case be argue by calthrop for the plaintiff  and by Germin for the defendant the first question be whether this lease for  year be devise to Elizabeth for life remainder to Bartbolomew?And all the  justice absent Richardson resolve that if a man have land in fee and land for  year and devise all his land and tenement the feesimple land pass only and not  the lease for year and if a man have a lease for year and no feesimple and  devise all his land and tenement the lease for year passes for otherwise the  will shall be mere void second they all agree that if one devise his land  which he have by lease to his executor for life the remainder over that there  ought to be a special assent thereto by the executor as to a legacy otherwise  it be not execute and there be not here any special assent three Jones justice  and myself be of opinion that it appear here that he have other land in fee  which he devise to his wife durante widowhood and other land which be devise  to her for life the remainder over and then that devise may not extend to that  lease but Berkley justice to the contrary because it may be that land devise  as long as she be unmarried be the sole land which he have in fee and the  other land devise absolute be the lease for year but it be thereto answer that  the devise be to her for life of the land in Burnham and Hitcham and clear no  part of the leaseland extend into Hitcham so as it be clear it extend not to  leaselands but to freehold land fourthly Richard Batyne make his wife his sole  and whole executrix of all his cattle corn and movable good and not mention  what shall be do concern the residue of his estate whether the wife be  absolute executrix quoad all his estate or only particular executrix quoad his  cattle corn and movable good and not quoad his lease and his debts?And as  touch that point we all agree that one may make several executor the one quoad  thing real the other quoad thing personal and may divide their authority yet  quoad creditor they be all executor and as one executor and may be sue as one  executor Henry pl dyer fol Henry Br exec but Jones justice and myself conceive  as this case be that she be sole and absolute executrix for the whole estate  as well lease as debt and other thing for when be say that she shall be his  sole and whole executrix of his cattle croak car er p corn and movable good it  be but a enumeration of the particular and no exclusion of any especial when  be do not make any other executor for the residue and catalla in Latin extend  to all thing and it may be intend that so be his intent when he make not any  other executor croak car but Berkley justice conceive that she be a special  executrix quoad the thing enumerate and no general executrix the five question  be admit that she be no absolute executrix as to all the estate but as to the  particular special name and she prove the will and it be find that  administration be commit to her all will do you much good the juice of the  purple ac lender dictum richardum Batyne et he will no matter how to mix  whether that be a general administration commit or only a administration of  the good whereof she be make executrix?Berkley justice hold that it be but a  special administration because it be will do you much good the juice of the  purple et lender predict Richard Batyne et predict testament to mix and that  couple to the testament so that it extend no further than the will but Jones  and myself be of opinion that it be a general administration commit for the  juice of the purple et lender be general word and the word et shall be expound  as or and it can be tie only to they testament for there be not any word of  debt as lender import and they be as general word as be usual in general  letter of administration wherefore upon all the matter Jones justice and  myself be of opinion against the plaintiff that he shall be bar but Berkley  justice e contra per quod adjournatur