case pannel against fen Michaelmas term Elizabeth roll or Hilary term  Elizabeth roll a make b and c his executor and devise to they a term of year  until all debt legacy and charge be pay each of they have a entire authority  and either of they may grant the term to a stranger I roll Abr more gold dyer  Henry pl Henry pl Godol peer will Ant   post trespass upon special verdict the  case be John Fenn be possess of a lease for year and have issue John and  George his son and Margaret his daughter maand th George and Margaret his  executor and devise his term to his executor until such time as all his debt  and legacy he pay and that they shall have levy all charge they shall he put  unto by any suit touch his will or by any other mean in the due execution of  his will the residue of his term then unexpired he croak Elizabeth er p devise  to Johnhis son and the heir of his body and afterward to George and his heir  and die the executor enter general into the land and Margaret sell the term to  the plaintiff and afterward George sell it to the defendant and John die  without issue and they further find that the debt be not pay the question be  if George and Margaret take this term as a legacy or as executor and second if  the general entry he a execution of the legacy?As to the first the justice  resolve if they take it as a legacy then the plaintiff and defendant be tenant  in common and then a action of trespass do not lie for although the defendant  who have the estate of George do not plead the tenancy in common but plead not  guilty yet this appear to the court by the verdict the action lie not but they  all resolve they do not take as a legacy but as executor for no more be give  to they by the will than the law give to they as executor then the devise be  void and they take as executor for it be give to they until debt croak  Elizabeth and legacy he pay this the law will and when it be give to they  until they he satisfy of the charge they be put unto by the will this be no  more than the law give for by law they be to he satisfy of all such charge if  the charge do not arise by their own default but admit the devise be good yet  thefi general entry do not execute the term in they as a legacy for when a  particular interest isgiven and the residue to another this entry shall not he  a election to take it as a legacy except there he a express declaration of  their intent for otherwise they shall be charge for the residue as a  devastavit which the law will not enforce but if the entire term he give to  the executor it shall he otherwise for there be no mischief and it be adjudge  for the plaintiff dyer b post