cclxxii paramour and though Robinsons case the case be George Robinson lessee  for year of the manor of draytonbassett the reversion to the king devise his  term to his wife as long as she shall keep her self a widow the remainder over  if she marry and die and make his wife and William his son his executor the  say William be within age and therefore Administration be commit to the wife  alone and she only prove the will and afterward the wife grant all her  interest to the say William and die cook nothing passes by the grant for  William have the term before for every executor have a entire interest Popham  contrary for at the time of that grant the son be within age and have not  administer nor prove the will therefore in effect the wife be sole executrix  Egerton solicitor if during the sole executorship of the wife one commit a  trespass upon the land the wife alone shall have the action of trespass  without name her coexecutor which cook deny and he cite the case h if two  executor be and one of they only be possess of the good of the testator and a  stranger take they out of his possession to who the other executor do release  and afterward the executor out of who possession the good be take bring a  action of trespass against the trespasser who plead the release of the other  executor it be hold a good plea for the possession of the one be the  possession of the other the case be further that though Robinson the defendant  in plead have show that George Robinson be possess and devise the same to his  wife who grant the same to William who devise the same to the defendant on the  other side it be show that though Robinson the defendant grant the say term to  paramour the plaintiff upon which they be at issue and the question now be if  though against his own plead may give in evidence that Thomas do not grant for  if the gift by the wife to William be void and he have the term as executor  then be can not devise it and it be show also that Thomas grant it by  indenture to paramour and now if against that indenture he may give in  evidence such special matter be the doubt and if the party shall be conclude  if the jury shall be conclude ad to say reality and by Popham and Egerton as  well the juror as the party be conclude by the confession of the party in the  record for here Thomas confess that William devise to he army pron  interrog   he be possess Leonard to that the queen attorney say that it be true that  Thomas Robinson be possess but it be further say that Thomas grant it to  paramour and so the interest of Thomas be confess on both side and therefore  the jury shall not be receive to say the contrary but the opinion of manwood  chief baron be that if the party do admit a thing per nient dedire the jury be  not bind by it but where upon the plead a special matter be confess there the  jury shall be bind by it and afterward the issue be find against Robinson the  defendant