boulton and cannam Thursday April executor debt in the debet to hold off  against the executor for l as to one quarter rend nil debet plead and as to  the rest the defendant aver no asset and that Keble er p before any other rend  grow due be offer to surrender which the plaintiff refuse without aver tender  of arrear the plaintiff reply there be six quarter arrear and nothing be pay  to which the defendant demurrer per curian issue shall be take on the payment  of the quarter rend here be due occasion thereof I Bulstr h by Newton that the  executor can apportion it but be as a assignee so helian and Casebrook hale  chief justice say that to hold off against the executor after the death of the  testator be hold good as in debet to hold off the plaintiff have election to  charge he as executor or as a assignee hill h b by Horton by Norton and if a  executor do Keble intermeddle in any part of the estate he can refute the term  nor other part of the estate and so it have be rule which the court grant and  the reason of the other personal estate be the same for the obligation may  start up after the legacy pay but this verdict be aver that the rend be of  great value the action lie not in debet to hold off but only for the value of  the rend dr saint Waver Br and Wentworth executor the executor must hold so  long as he have asset but he can plead this in bar and therefore albeit the  action lie in to hold off Cr yet not in debet and by hale chief justice the  executor can wave and light when be enter if the land be more than the rend he  be liable in debet to hold off but if the rend be more than the land he be  Chargeable only in to hold off if this be special aver entry or not entry  waver or not waver tender of surrender or not be not material but only the  value of the asset and so rule on my own motion the first quarter end in  September and the offer of surrender and waver be in October when a new  quarter be begin which per curian may be well enough before any new rend due  and the court incline strong for the defendant by reason of the special  averment that the rend be more than the tavern let and if it be decay by the  defendant this may be reply by the plaintiff say adjornatur