case Ireland against coulter easter term Elizabeth roll or a executor of his  own wrong can retain any part of the decease good to satisfy himself I Ro ab l    a more yely bro rnl sand Mod Mod I I side keb vern Prec Ch Mod Swinb term  Rep I lev style stram and debt against he as executor to one hunt the  defendant plead that hunt the testator be bind in a statute of l and hesides  that he have not any asset and hereupon they be at issue and a special verdict  find that the defendant be executor de son tort demesne and that the testator  be indebt unto he and that he retain diverse good to satisfy that debt due  unto himself and over and above than to satisfy the recognizance he have not  in his hand c et si c it be argue by Tanfierd croak Elizabeth and goldsmith  for the plaintiff and by coke for the defendant the sole point be whether a  executor de son tort may retain good to satisfy himself coke move that he well  may the plaintiff by this action against he have allow he to he rightful  executor wherefore the find that he be executor per tort be not material and  he be allow to he executor may do all thing as a executor videlicet pay debt  or any other lawful act and as he may do it to a stranger so he may pay  himself gawdy and Fenner be of his opinion for as he shall he charge by reason  of his possession like reason it be he shall he allow all lawful act and this  be here a lawful act as where a seize pay rend they shall he recouped in  damage so if one enter as guardian who be not guardian he shall have allowance  for all reasonable act as a lawflul guardian shall and it may he that in this  case he do not know himself but that he be a rightful executor as if the  testator have first make a testament and thereby make he executor and  afterward he make another testament and thereby make another executor and the  first be prove all lawful act do by he be good and although the other  testament he afterward find and prove that shall not defeat the lawful act  Popbam and Clench contra for a executor de son tort shall never have any  benefit by his malfeasance and it be not like to the case where a seize pay  rend for that be not any wrong or prejudice to a stranger or to any other to  pay that which be due but here this be prejudicial to a stranger for every one  will he executor after the death of a testator and by that mean he their own  carver and pay themselves before any other debtor whereby great inconvenience  will ensue neither be this like to the case where one enter as guardian who be  not guardian for there the infant may have trespass against he or he may  charge he as guardian and if he charge he as guardian it be reason he shall  then have allowance as guardian where one likewise be make executor b a former  testament and afterward another testament be make and therein another make  executor and the last testament not be know the first be prove and the  executor pay debt unto himself and then the second testament be discover and  prove yet peradventure the payment of the first executor debt shall he allow  he against all stranger at the least for he have colour to do it as executor  by the first testament and he be to he allow for all judicial act which he do  c but it be not so here where he take upon he to he executor de son tort et  testae demesne and a precedent be cite easter term Elizabeth in c b that a  executor de son tort may not retailer to satisfy himself Wherefore and c  afterward upon another day it be move again and the court say they be resolve  that a executor de son tort demesne can a   to Fearne croak Elizabeth er p  retain good to satisfy himself his own debt and Popham say that diverse of the  justice at sergeant inn to who he have propound the case be of that opinion  and that they resolve to enter judgement for the plaintiff but it be then  surmise to the court that the defendant be dead and thereupon a stay of  judgement be pray but the court will not stay it upon such surmise and upon  the plaintiff prayer judgement be enter   see car c