case Bridgman against lightfoot judgement against a executor on a covenant by  the testator shall be de good testator although the breach be wilful make by  the executor ante more roll Abr hob sand Hutton burr will Com dig Cowp dougl  term Rep if a executor plead a release to himself and it be find against he  judgement shall be de good not common with others si non c error of a  judgement in the common plea for that Elizabeth Bridgman be sue as executrix  to her husband for breach of a covenant make by the testator but the breach be  by the executrix in assign over a lease without give notice thereof to the  lessor the judgement be for the plaintiff be de good testator si c et si non c  de not common with others good and for this cause the error be assign for that  it ought to have be de good testator for the damage but for the cost it ought  to have be de good not common with others croak throw but it be urge that in  regard this be a breach by the executrix in her time and a wilful and not a  negligent breach therefore the judgement shall be de good not common with  others lea chief justice be of that opinion at the first but chamberlain  Doderidge and Houghton hold the contrary because it be a charge only by the  act and covenant of the testator and although she herself break it yet she be  not Chargeable but in regard of the deed of the testator wherefore she shall  not be charge but de good testator and that in no case a executor shall be  Chargeable de boniis not common with others but where he plead ne unquen  executor and it be find against he for he thereby estrange himself from the  testator and by his own falsity and folly have make his own good Chargeable si  non sit de good testator also where he plead a false release make to himself  because it be a falsity in his croak James er p own knowledge and he ought to  pay a fine to the king therefore he shall answer de good not common with  others si non c in maintenance of this point they rely upon dyer and on a case  adjudge Wheeler v bull a for not repair a house in Canterbury in the executor  time c and lea chief justice change his opinion and agree with they wherefore  the judgement be reverse Lord Hobart justice Jones and baron Denham be inform  thereof agree with they in opinion that the judgement ought to be de good  testator and that the judgement in the common plea pass sub silence without  any motion of that point to they