anonymous pasch Ann B R difference where there be a authority and where a  interest per curian obiter it be hold that a grant or authority to come upon  my land and to hunt there be but a licence and no more but if it be to take  the profit it be Salkeld er p a lease at will so if it be to take the profit  for a year it be a lease for a year for this passes a interest the other be  only a authority to do particular act a a this be part of what be say per  curian in the queen and winter salk legacy the cognizance of a legacy proper  belong to the spiritual court for such bequest be not good at commonlaw the  rule be post death tunc tua non are but this must be understand where a legacy  be devise general but if it be Payable out of the land or out of the profit of  the land a action of the case lie at commonlaw but the usual remedy be in  chancery the testator be possess of several lease devise they to his wife for  life remainder to his son for life and he owe several debt the wife pay as far  as the good and personal chattel go and assent to the legacy and die there be  several debt still unpay then her executor article with those creditor to  convey a lease to they and they exhibit a bill in equity against the executor  and the son to have a conveyance and the lordkeeper finch decree a conveyance  for first a executor be not bind pay a legacy unless he have security give to  refund if there be debt and the reason be because a legacy be not due till the  debt be pay for a man must be just before he be charitable and therefore if a  legacy be pay it remain still in the hand of the legatee as a legacy but if  the legatee alien good fide the creditor be Salkeld defeat for he have a title  and the purchaser shall not be prejudice by this trust for creditor now in the  principal case a assent to a legacy will not do any more than a actual payment  will have do a sum of money devise to W r to be dispose as the testator shall  appoint by a private note now if there be no such note or appointment then it  be a legacy to W r himself legatee of a term must not plead that it be devise  to he and that he enter but that he enter by assent of the executor or army  embassy libel