barker versus kett pasch will B R ld raym S c see S C ld raym with note comens  salk deputy may act in his own name this case be report in salk by the name of  Parker versus ketty to which may be add as then adjudge videlicet that a  deputy may act in his own name as well as in the name of his principal and  comb case in the nine report be not contrary for though it be there hold that  he who act as a attorney must use the name of his principal yet the judgement  in that case be otherwise that where a man have a interest and a authority and  do a act without recite his authority it may be intend to be do by virtue of  his interest as in clear case but where a man have a authority only and do a  act which can be good but by virtue of that authority it shall be intend to be  do in pursuance and execution of that authority though it be not recite so to  be do Ann h the king grant the office of remembrancer of the exchequer to one  Robert blague to exercise by himself or per to put under deputatem and year h  he be make a baron of the exchequer Interrog  see bene to bear about and yet  be still continue to exercise that office by deputy a steward of a manor can  make a deputy without special word in his patent enable he so to do because  Salkeld it be a office of trust and knowledge which be quality annex to his  person upon a bill in the duchy court the question be whether a stewardship of  a manor can be grant in reversion and adjudge that it may because it may be  grant in fee or for any lesser estate and so in reversion because it may be  grant to be exercise per see well to put under deputy sir Robert howard case  Rep Salkeld er p devastavit adjudge that payment of a usurious bind be a  devastavit but a delivery of good fraudulent sell by the testator himself be  not payment of a legacy before a contingent covenant break be not a devastavit  but if after it be break it be a devastavit payment of a statute while a writ  of error be depend upon a judgement precedent to the statute be not a  devastavit in equity the executor of a executor be liable as far as he have  asset but he be not so at law now by the position ten car cap the executor or  administrator of a wrongful executor be liable for a devastavit of the  wrongful executor after asset find or judgement upon a demurrer the sheriff  must return asset or a devastavit I e he shall not return no one good general  but he may return no one good in the same county a executor plead a note of  which with interest amount to and a judgement thereupon not satisfy this be  adjudge ill for if interest do run in the time of the executor it be a  devastavit in he to suffer it unless there be a defect of asset which shall  not be intend and therefore the defendant ought to have show such defect if  there be any a feme covert who be executrix survive her husband she shall be  charge for a devastavit commit or do by he so likewise if the plaintiff have  recover against her husband while live for a devastavit during the coverture  and then the husband die the widow Salkeld shall be charge for the damage but  not for the cost devise adjudge that a devise to W r for life remainder to his  heir be a feesimple for hceres be nomen proceeding by inference but if we add  and to the heir of such heir it be for life only for word of limitation be add  to the word heir it shall be take as demarcation person a a devise to W r and  to the issue of his body if he have no issue at that time it be a estatetail  and the word issue be a word of limitation for otherwise it will signify  nothing but it be otherwise if the say W r have issue at that time for then it  be joint devise or if it be the remainder to the issue of the body of W b for  then they take a remainder in prsenti as purchaser b a devise to W r and the  heir male of his body and if he die without issue c be only a estate in tail  male for a implication of a estate of inheritance shall never ride over a  express estate limit before c a devise to W r for life and afterward to his  heir male be a estatetail but it will not be so if the estate be limit to his  heir male and the heir of the body of such heir male the testator have three  son and he devise his land to his three son for life and after his death to  the issue of his body by a second wife with power to make her a jointure this  be a estatetail for the word issue be nomen proceeding by inference and  equivalent to heir Salkeld the testator devise a moiety of his personal estate  to his wife and then several legacy to other and the residue to another Etper  curian the wife shall have a full moiety and then the debt shall be pay and  deduct out of the other moiety if that he sufficient and if there be money  bind and a lease for year the wife shall have a moiety of the lease the  husband devise his good to be sell for the raise portion for his daughter and  that if the good be not sufficient for that purpose then the same to be raise  out of the rend issue and profils of his lease land the question be whether  the lease may be sell if the good be not sufficient et per finch Lord  chancellor the devise of the annual profit give no power to sell but a devise  of the profit do and the affirmative word shall hinder the power in this case  of a chattel as it may in case the land have be freehold a vide ac fearne  count Rem hark law tract b vide pollex S C Keble Mod Bacon Abr devise d this  case be between king and mell c vide ac bull dyer in marge vern Salkeld er p a  write be make in this form videlicet this indenture make between c whereas c  now in consideration of S he bargain and sell to the party to be dispose in  manner follow all the rest I give and bequeathe c and I make the say party my  executor this be adjudge a good will a the father settle a lease with  reference to his will in which he give to each of his daughter to be pay at  the age of twentyone and if any or all die before that age then to other but  devise no maintenance to they till their portion become Payable et per curian  a maintenance can be decree because of the devise over b a a instrument call a  deed of gift and have the form of a deed be by the judge of the prerogative  court in hill in the presence of the editor adjudge to be a will though it be  a disposition upon a contingency independent of the testator death and which  may happen either before or after b r ac atk atk