case LXXXIII   light a ass pl Perkins cap devise e Fitzherbert devise Littl ch  estate sur condition sect ass ass pl a seize of land devisable in fee devise  it to his executor to sell and die a stranger enter claim under a sale by one  of the executor which executor die the survive executor enter upon the say  stranger who allege a sale by the other executor Jenkins now dead the vendee  ousts the survive executor this executor bring a assize and all this be find  by the assize and that no sale be make by the other executor judgement be give  for the plaintiff and affirm in error executor have a fee by such a devise to  enable they to sell note where the devise be that two executor shall sell one  alone can sell so where the devise be to two executor to sell for it be a  power with a trust and not only a interest but one of they may sell all the  good for this be a entire interest in both without such a trust joint a  executor need not name himself executor when he bring a action of his own  possession if a stranger take good out of the possession of a executor this  executor shall maintain a writ against he without name himself executor and  without name his coexecutor for the possession be in he alone at commonlaw if  a man devise that a and b shall sell his land and make they his executor the  one can sell without the other though one of they shall refuse to be executor  or die it be otherwise if the devise be that his executor shall sell and he  afterward name a and b to be his executor near the end of his will and one of  they die for the name they in the former part of his will by their proper name  annex a trust in a and b to the sale and appropriate the trust to they as  private person it seem to I that if a devise be that a and b his executor  shall sell certain land and near the end of the will he also name they  executor if the one refuse at commonlaw or die the other may sell for the  interest be annex to the executorship by this repetition in the will in all  case at this day by the say statute if one refuse to join in the sale the  other may sell alone