case pigot against garnish a devise to a person as guardian that he may  receive set and let for his ware give he a authority only and not a interest  post ante SC dyer     light cro car Carthew ld raym Prec in Charles Eq Abr vin  brow p c salk brown Ch Rep in notorious facts p Bac ab Powell on Dev Cowp b  the day of sue forth a writ be the commencement of the suit burr hawk ld R4m  croak Elizabeth er p ejection firm upon a special verdict the case be Anthony  poulter seize in fee of this land devise it to Anthony his son in tail with  diverse remainder over and make one Hest overseer of his will and will that he  shall have the education of his son until he attain to his age of oneandtwenty  year and to receive set and let for the say Anthony the say land so give to  wonder he and thereof to account to the say Anthony and the say Hest to he  allow all his charge which he shall expend about his bring up Hest make a  lease for seven year in his own name which be to continue half a year after  the full age of Anthony and whether this be a good lease for any part of the  terrn be the question for it be find that the say Anthony the son be not yet  of the age of twentyone year and that Hest be dead Foste move for the  plaintiff that this be croak Elizabeth not a lease by virtue of the authority  because he make it in his own name reserve the rend to himself and he have  exceed his authority in let it heyond the age of Anthony and he have not any  interest to let for it be appoint that he shall he Accountable which he shall  not he if he have any interest in the land gawdy hold that Hest have a  interest by this devise and so the lease be good during the minority and to  that purpose cite dyer Henry foe and the intent of the devisor here shall he  construe that he give unto he such a estate as he may let and not that he  shall make lease in the infant name for then the infant may avoid they and  whereas the word be that he may let and set for Anthony it be thereby to he  intend that lease shall he make for his benefit and not that they shall he in  his name and this lease be void for the remainder after anthones full age and  for no more Fenner and Clench hold that whereas he have authority to let and  set it be only at will for there be not any other certain time appoint and he  be not otherwise authorize than in nature of a bailiff to account wherefore he  can make any lease but at will Popbam hold that he have not any authority nor  can have any to let in the infant name for such a authority can be give he for  if one devise land he can appoint that another shall make a lease for year in  the name of the devisee and it be not any interest but if he have devise that  one shall make a f eoffment or a lease for life that be a interest in the  devisee for otherwise he can make livery but to devise that he may bargain and  sell or let for year it be otherwise for those may he without a interest for  when the lease be make he shall he in by the will and so he conceive here and  that this lease be good and void only for go much as exceed the age c say ad  ournalur a