case thomas harvey executor of r Harvey vers William richardson ux executrix  of r burgess a plea of the performance of a will general be have this be a  action of debt upon a bind date the saint of October in which Jos burgess and  Richard burgess the testator of the defendant be bind to Richard Harvey the  testator of the plaintiff in the sum of the defendant demand oyer of the bind  and condition which recite that Samuel leech by will date the that of December  give to his two son Samuel and John apiece to her pay at their respective age  of year and to his daughter mary to be pay at her age of year or at the time  of her marriage and if any of his child die before his legacy become due that  the same shall be divide among the survivor and of such will make Elizabeth  his wife executrix that a marriage be intend between the say Elizabeth and  Joseph burgess whereby the personal estate of Samuel leech be estimate at will  come to his hand if therefore the say Joseph burgess his executor  administrator or assign shall perform the say will as to the say legacy of  apiece give to Samuel and John and as to the say legacy of give to the say  mary the child then the obligation shall be void and upon this the defendant  plead that the say Joseph burgess do well and true perform the say will as to  the say legacy of therein comens give to the say Samuel and John and the say  legacy of give to the say mary accord to the form and effect of the condition  aforesaid to which plea the plaintiff demurrer and show for cause that the  defendant do not show how the say Joseph burgess perform the say will nor  whether he pay the say legacy or not and that the say plea be uncertain and  informal upon which issue can be join and the defendant join in demurrer and  now it be argue by sergeant Cheshire and myself for the plaintiff and resolve  by the court that the plea be have for it be too general upon which the  plaintiff can not join in issue for ib do not appear whether the legacy be pay  or whether any one be dead whereby his legacy shall be give to the survivor  nor when or in what manner they be pay and therefore the plea be have upon the  reason of the case in this case Lord coke say that the defendant ought to  plead in certainty the time and place and manner of the performance of the  condition so as a certain issue may be take otherwise it be not good cro cro  Bulst SC Lutw and though comens er p the replication may have aid the pleaCo  Litt b a yet that be not necessary but the incertainty of the plea be show for  cause of the demurrer judgement must be give for the plaintiff sergeant hall  of counsel with the defendant will have take a distinction where the  obligation recite the certainty of the legacy and where not as in cro it do  not appear how much be give for the legacy say non allocatur