case BERISFORD against WOODROFF executor of will Woodroff Trinity term James  roll a assumpsit will lie against a executor on a collateral promise make by  his testator post SC roll Rep roll ab cro car vent Bulst style say vide Com  dig on a promise to pay on the marriage of the obligee notice of the marriage  be not necessary assumpsit whereas the testator promise the plaintiff in  consideration he will marry his cousin at his request to give he twenty pound  and allege in fact that on such a day he marry the testator say kinswoman yet  neither the testator nor defendant although he have asset have pay c after  verdict upon non assumpsit plead it be move that the action lie not first  because it be not allege that he marry her at the testator request say non  croak James er p allocatur for he allege that he marry her it be intend to be  at the testator request a second because this assumpsit be not for debt but  upon a collateral promise and therefore this action lie not against a executor  and in this point it differ from Pincheons case   b that a executor shall be  charge in a assumpsit for debt but here be mere collateral it lie not to that  purpose two precedent be cite the one Herman v Elliot in Hilary term James  roll Dorset where the promise be in consideration that the plaintiff shall  marry his daughter Elliot promise sixty pound and ten quarter of barley in  marriage with her and for nonpayment of the barley the action be bring against  the executor allege that he marry and give notice the defendant plead non  assumpsit and judgement against he and error thereof bring and because it be a  assumpsit croak throw collateral all the justice and baron hold that the  action lie not as Hoxnell clerk of the error certify but no judgement be enter  the other precedent sander v Estabie Trinity term James l roll be in a  assumpsit against a executor on a promise of the testator that the plaintiff  shall have as much if he will marry his daughter as any of his child have at  the time of his death and aver that such a child have so much and after  verdict upon non assumpsit judgement be give for the plaintiff and error  thereof bring in the exchequerchamber but no judgement therein because the  party die and Hilary term James roll in Brinsley v tailor adjudge accord vide  Edward pl Edward pl Edward pl Edward pl Edward debt assize pl Fitzherbert nat  Br Edward pl another matter be move in the principal case because it be not  allege that notice be give to the testator or defendant of this marriage and  then he can pay it at the marriageday and no damage ought to be give therefore  but this point be overrule by reason of a precedent show of a judgement in  this court Trinity term Elizabeth roll Hodges v Warley upon a assumpsit to pay  such a sum at the marriage c and no time allege and it be adjudge for the  plaintiff and affirm in a writ of error Note in the principal case a writ of  error be bring upon this judgement and the judgement be affirm