case COGHIL against freelove a action lie in the to hold off against a  administrator for rend incur after a assignment of the term for the privity of  contract be not determine by the death of the intestate S c vent dyer   cro  Elizabeth cro James Poph more latch side lev Prec Ch Mod Mod Mod Mod Mod Com  dig debt e Bac Abr ld ray Peer win dougl notorious facts term Rep term Rep  debt for rend be bring against the defendant as administratrix of Thomas  freelove her late husband decease in which action the plaintiff declare that  on the saint of may car he do by indenture demise to the say Thomas freelove  one message and certain land in Bushey in Hertfordshire habendum from ladyday  then last pass for and during the term of twentyone year under a yearly rend  that by virtue thereof be enter and be possess that on the that of march the  say Thomas freelove die intestate that the next day administration of his good  modern er p and chattel be grant to the defendant and that seventyeight pound  be in arrear for rend due at such a time for which this action be now bring in  the to hold off the defendant confess the lease prout c and the death of the  intestate and that the administration be grant to her but say that before the  rend be due she by article make between her of the one part and Samuel  freelove of the other part do assign the say indenture and all her right title  and interest thereunto and which she bad in the premise unto the say modern  Samuel freelove who enter and be possess that the plaintiff have notice of  this assignment before he bring this action but nothing be say of his  acceptance to this plea the plaintiff demurrer and the defendant join in  demurrer and judgement be give by the opinion of the whole court for the  plaintiff against the authority follow it be true in the case of Overton v  Sybal cro Elizabeth a it be resolve that if a executor of lessee for year  assign his interest debt for rend will not lie against he after such  assignment the reason there give be because the personal privity of the  contract be determine by the death of the lessee as to the debt itself and for  the same reason the executor shall not be liable to rend after the death of  the lessee if such lessee make a assignment of his term in his lifetime Lord  coke mention this case in his three report   b affirm that it be resolve by  Popham chief justice and the whole court that if a executor of a lessee for  year assign his interest debt will not lie against he for rend due after such  a assignment but Popham himself in report that very case Poph c tell we he be  of another opinion which be that so long as the covenant in the lease have the  nature and essence of a contract it shall bind the executor of the lessee who  as well to that as to many other purpose represent the person of the testator  and be privy to his contract it be true Lord Popham hold in that case that the  action do not lie but because it be bring by the successor of a prebendary  upon a lease make by he in his lifetime who be a single corporation the  personal contract be determine by his death but the same case report by other  be say not to be adjudge for the court be divide in opinion in latch show and  more it be say that no judgement be give in this case and in I side it seem to  be deny to be law at least as report in walker case   see also Poph vent Bac  Abr in notorious facts Bl Rep d the case of Marwood v Turpin cro Elizabeth SC  more S c and e be the same but there the defendant plead the acceptance of the  rend after the assignment which be not do here now if both those case shall be  admit to be law and parallel with this yet the late resolution have be quite  contrary side Allen palm latch Noy cro James more sand will term Rep f for it  be now hold and with great reason that the privity of contact of the testator  be not determine by his death but that his executor shall be charge with all  his contract so long as he have asset and therefore such executor shall not  discharge himself by make of a assignment but shall still be liable for what  modern rend shall incur after he have assign his interest nay if the testator  himself have assign the term in his lifetime yet his executor shall be charge  in the to hold off so long as he have asset Mod Bac Abr Wadham v Marlow Bl Rep  notorious facts mill v Auriol Bl Rep a modern er p