case ROCKELLEY against Godolphin Michaelmas term car roll a administrator  durante minoritate may retain asset to pay a bind give by the intestate to  trustee condition to pay the administratrix so much money if she survive he SC  ray SC skin debt on a bind against the defendant as administrator durante  those inferior in rank lifetime c who plead that the testator seal a bind to a  b of six thousand pound penalty with condition to pay three thousand pound to  his wife if she survive he within six month after his decease and that she be  wife and administratrix and that she have asset to one thousand pound et non  ultra and that these asset she retain in satisfaction of the say debt et petit  judgment c the plaintiff demurrer Mr pollexfen for the plaintiff argue that  the plea be nought because the bind be not to her the debt or duty be not to  her but to a and b and after breach of the condition the forfeiture belong to  they Mr holt e contra and he insist much upon this that the bind be to her use  and that they be but trustee for her and by the conviction the money be  Payable to herself and he cite Edward then he distinguish between this case  where the condition make it Payable to her and where it be Payable to the  obligee though in trust for her for the reason of retainer be not upon the  account of the extinguishment of the debt but upon this account that the money  be to be pay to the same party and cite cro roll Abr she can pay money to  herself and if the obligee shall bring a action against her she may plead that  she have so much money in her hand of the testator what must she tell it over  with one hand and pay it with the same to the other if there have be another  executor and he have pay it to her that will have be a performance of the  condition and a discharge of the debt and why shall it not be so here when the  law make a payment he cite hob I cro Henry Fitzherbert title bar a executor  may retain where he never shall have shower KB a action as where he pay any of  the testator debt with his own money dyer more and and the obligee must bring  a action against her because she do not pay herself which be odd and if so  that she can retain it will be a very great mischief for it forfeit the  penalty and so double the charge upon the testator estate and what if she say  I be pay and so she say here she can not plead it better the court incline all  for the defendant except Holloway justice who cite a case of sir Benjamin  Bathurst in the common plea that be the same with this and the contrary  opinion hold there so quaere for some at the bar deny the case to be as this  be but that there the money in the condition be Payable to the trustee which  be different Adjournatur a