case anonymous a journey account will not lie for the executor on abatement of  the testator writ the case as Treby chief justice open it in his argument  which I only hear the rest have argue before I come be thus a assumpsit be  bring by a executor upon a promise to his testator upon non assumpsit infra  sex aged plead the plaintiff reply that his testator take out a writ against  the defendant within the six year and die during the pleader make he his  executor and that be bring this writ per dietas reckon to which the defendant  demurrer and he hold with b   light c see hob a in the court of exchequer a in  the court of common plea modern report er p his brother that this writ do not  lie for a executor upon abatement of his testator writ and the nature of this  writ be to recontinue a former writ with this addition that it may be amend  for false Latin or the like b it must be the same plaintiff that bring it and  therefore it lie not for a executor administrator or heir c the court be of  opinion it will not lie yet there be frequent occasion for executor and heir  to revive their ancestor c writ and yet we find no instance of it and then  Littleton argument will hold Jenkenson f pl   Edward mark ocles case Br  journey account kelw vent it be object that there be no case where the act of  God or of the law shall take away a man right but there be many before the  statute de good carry away in all case where damage only be to be recover the  executor be without remedy and a pawn be not redeemable after the death of the  party that do pawn a be murder and the next heir bring his appeal and die the  appeal be go for ever a in journey account you shall never change your count  and modern report the old way of journey account be to pray a new writ and  then to proceed on the former roll dieta be iter One a day b if by the custom  a copyholder may only make a lease for one year and be be licence to make for  ninetynine year and it be doubt whether he can assign his licence or make a  underlease and hold he may because the lord interest be bind for ninetynine  year