case blue v marshal et ux on the defendant exception to the master report  after hear Lord chancellor Talbot Eq can ab pl though general speak a executor  or trustee compound or release a debt must answer for the same yet if this  appear to have be for the benefit of the trust estate it be a excuse the  plaintiff be the widow of James blue who by his will give a legacy of pound to  trustee in trust for the testator wife for her life and afterward for his  daughter the defendant Ann martial for her life and afterward to her child the  plaintiff the bill be bring to compel the defendant martial and his wife who  on the executor renounce have take administration to her father with the will  annex to pay this pound into the hand of the trustee to the intent the  plaintiff the widow may have the interest for her life the defendant insist  upon want of asset peer William on the hear of the cause the decree be that  the defendant shall account for such part of the personal estate of the  testator blue as come to the defendant hand or to their use the master report  that the testator blue be possess of a term for sixty year in a message and  land at Bethnal green in Middlesex which the which lease be testator have t to  one Dallow for thirty year at pound per annum decree among other thing to be  sell for the payment of the testator legacy and that at the time of the death  of the testator there be pound due for one year and one quarter be rend of the  say message and land that after the testator death there be pound more due for  a year rend and that the say Dallow the tenant soon after become insolvent and  unable to pay the say arrear of rend be pound upon which the defendant martial  and his wife without consult the plaintiff lease to the say Dallow not only  the say arrear of rend amount   pound but also give he pound out of his  marshal own pocket upon condition that the tenant shall forthwith quit the  possession of the say message which accord he do and thereupon the leasehold  premise be sell for the purpose in the decree but the master charge the  defendant with the say arrear of rend of pound it be the voluntary act of the  defendant to release they but allow the defendant the pound which he have pay  out of his own pocket upon which the defendant except to that part of the  master report and for the plaintiff it be object that whenever a executor  administrator guardian or trustee will of his own accord release a debt this  be his voluntary act he shall peer William answer for it and the rather in the  present case for that the defendant who make the release ought to have first  ask the plaintiff for her consent to peer William er p the make of the release  or in case of obstinacy in her to have apply to the court for their direction  in the matter and though it may be true that the tenant be at that time  insolvent yet hereafter he may become solvent and able to pay the rend whereas  in case the tenant shall ever become capable of pay the rend this release will  extinguish it and as to the gain of the possession that be of no great value  there be a proviso in the lease for the landlord reentry in case of nonpayment  of the rend so that the tenant give up the possession be no more than what the  landlord can recover by law without the consent of the tenant Lord chancellor  contra the defendant be decree to account for all the personal estate that  come to their hand or to their use but these arrear of rend be neither receive  by they nor do they come to their use and the tenant become insolvent the  estate have not suffer by this release in regard if the arrear of rend have  not be release the defendant can never have get they when the tenant be unable  to pay they and if the testator estate have not suffer on account of this  release there be no reason it shall gain thereby the defendant seem to have do  nothing but what be prudent a vexatious tenant may put his landlord to great  trouble and delay by a wrongful detainer of the possession and by damage the  estate in the mean time and may force the landlord to ejectment writ of error  and bill in equity by mean of which he may lose not only his accrueing rend  but his cost of suit so that this release seem to be for the benefit of the  testator estate peer William neither will I make a difference between the  pound allow by the defendant and the release of the arrear of rend for both be  but one entire consideration for the tenant quit the possession and by the  same reason that the defendant have be allow the one he ought to be allow the  other it be moreover a strong presumptive argument that the defendant have act  fair and accord to what he think be for the advantage of the estate since the  other defendant his wife be to have the benefit of the pound now sue for after  the widow death for the advancement of her and her child and consequent be a  sufferer by the tenant become insolvent as well as the widow therefore allow  the exception and let not the defendant be charge with these arrear of rend