coke a russel case hill Elizabeth in the king bench a release by a infant  executor do not bar he on payment or satisfaction to a infant executor he may  acquit and discharge the debtor for as much as he receive a release by a feme  covert executrix be not good but a release by her husband S SC more Leon and  Edward Russel as executor of William Russel bring a action on the case against  Thomas Prat and Margery his wife and declare that William Russel be possess of  a chest with diverse jewel good and sum of money and declare of what in  certain in it and that the say William lose they and that they come to the  hand of Margery dumb sola to be that be to say on Jan Elizabeth and afterward  the testator die quod prd Margeria dumb sola to be do convert the good to her  own use c the defendant plead in bar a release of the plaintiff make to they c  to which the plaintiff say that at the time of the release make he be within  the age of year c by stat Geo c a infant sole executor be disqualify from act  till he attain the full age of twentyone year a on which the defendant do  demurrer in law and the great question which be often argue at the bar and  bench be whether the release of a infant executor have prove the will shall  bar he or not and it be argue that the say release shall bar he for diverse  reason because the executor represent the person of the testator and all that  which he do be in the right and as in the person of the testator and not in  his own right and therefore his infancy be not to be respect the law which  enable he to take on he the charge of the will and to prove it and to bring  action and to do thing which belong to the office of a executor the same law  enable he to make release and acquittance without any regard to his nonage as  the roll a ass   light a Fitzherbert infant Br age   a calvin case Plowd a a b  Edward b ass a king shall not avoid lease or grant in respect of the infancy  of his natural capacity nor the mayor bailiff or the bead of any coke b other  corporation shall not avoid any of their deed or grant for the infancy of  their natural capacity because they make they in another right and capacity  coke report a er p it will be inconvenient that a infant executor shall compel  the debtor of his testator to pay the debt to he and that he shall not have  power to acquit or discharge they they cite diverse book in the point h Cr car  b release the opinion of the whole court that a release make by a more c  infant within age as a executor be good and he can avoid it and the same law  be of a release make by a feme covert executrix and so the release of the  husband be nought worth as there it be say h of a feme covert and e of a feme  covert e and of a infant and feme covert and h but on great deliberation and  on conference have with Anderson chief justice of the common plea manwood and  other justice it be resolve by sir Christopher Wray chief justice sir Thomas  gawdy and the whole court of king bench that the Acc W Jones cro car more Cr  Elizabeth and pl Swinb   light a Leon roll roll Rep Brownl Cr et godb d  release be no bar and principal for three reason because if it shall be a bar  it will be a devastavit and charge the infant of his own proper good it will  do a wrong which a infant by his release can never do in make of this release  he do not pursue his office nor perform the duty of a executor and therefore  it be well agree that all thing which he do Cr Elizabeth Cr James   light a  and roll Rep Brownl e accord to the office and duty of a executor shall bind  he but thing which he do against the office of a executor shall not bind he  forasmuch as he be within age the office of a executor as appear in h a be to  do his office   a h a f true diligent and lawful and all these he break when  he waste the good of the dead but it be resolve that on payment or  satisfaction to a infant executor he may acquit and discharge the debtor for  as much as he receive but it be resolve that a monk executor may release  without satisfaction for his profession will be no impediment to the release e  b and as to the say book of h release Cr car g h in the say case of the infant  it be to be intend when the infant receive full satisfaction for the book say  the act of ail infant do as executor and he do it not as executor when he  release and receive nothing but the opinion there as to the feme and kelw a b  Cr car side vide Edward b h covert executrix Vid corn dig admonish d Bac ab  come out a touch yard v ellard salk accord to the civil law a feme covert  executrix may take upon her the probate of the will without the assent of the  husband she be deem when appoint executrix a feme sole off come out Godolp but  by our law a feme covert can take upon herself the executorship without the  consent of her husband and off ex but if the wife administer though against  the consent of the husband and a action be bring against they they be estopped  to say that the wife be not executrix Godolp Administration take by the wife  during coverture must be presume to have be with the assent of the husband  Adair v show Sch Lef b be utter deny for although she be executrix yet she can  do nothing to the prejudice of her husband but without question in such case  the release of the husband be good and so the doubt in the book of e executor  e barber case h and e e and h h h and be well explain and afterward on a writ  of inquiry of damage return after the statute of Elizabeth cap judgement be  give for the plaintiff coke a and on the say Act a writ of error be bring in  the exchequer Chamber where it be unanimous agree that the coke report b er p  say release be no bar and so this point be resolve by all the judge of England  but diverse other error be assign and move as well in the declaration as that  the plea be discontinue and afterward the party agree and for error in the  proceed the judgement be reverse and note good reader by these resolution you  will better understand the say book before cite elsewhere the same flour and  sir Thomas gawdy say in this case that a executor may well release any action  before probate for although he can not have a action yet the interest of the  action be in he e a c Vid note b middleton case post p note g Hensloes case  ringtail p a c