case knight against coal refer to jenner v jenner lr Eq if a as executor of b  on receive a legacy from c as executor to d give to c a release of all action  suit and demand whatsoever yet this will not release a debt due from d to b  for these general word shall be restrain to the particular occasion and  construe accord to the intent of the party videlicet demand in his own right  and not those he be entitle to make as executor SC Mod S SC lev SC Carth SC  holt to know facias on a judgement in the court of king bench by sir John  knight William eyres and John knight against John Lawford for six thousand  pound that sir John knight and William eyres die c that John knight survive  that he make his will and make John ken Thomas ken and Mr Downing executor and  die that they take on they the execution of the will and prove it that ken die  and William Downing survive he that Lawford make his will and make mary his  daughter then and yet wife of Thomas coal executrix and die that mary prove  the will Thomas knight and William Downing bring the to know shower KB er p  facias against coal and his wife and upon a to know to make return they come  and plead that Thomas knight and William Downing ought not to have execution  for that William Downing by release under seal do acknowledge to have receive  on the date thereof of and from the say Thomas coal and mary his wife the  executrix of Lawford the sum of five pound be a legacy give by the say lawford  will to the say William Downing and do ind to free the say coal and his wife  of and from the say legacy and from all action suit and demand whatsoever  which the say William Downing have have or then have against the say coal and  his wife for any matter or cause whatsoever from the beginning of the world c  plaintiff demurrer defendant join in demurrer shower KB the last term it be  argue by sergeant trinder and sergeant Powell and this term by sergeant levins  and myself I argue for the plaintiff that first this release be no bar if it  have be make by the testator and the to know facias by he notwithstanding the  general word second suppose it otherwise yet no bar to a suit as executor and  three suppose that otherwise yet no bar to a suit as joint executor with  another if it have be in the case of a personal right it will be no bar for  though there be general word and the large that can be use yet it be apparent  upon the whole contexture of it that the consideration and occasion of give it  be only a particular demand and the law must make that reasonable intendment  upon the whole as will restrain the general word from affect a discharge of  that particular which be never intend or think on by the party the intent must  and shall govern it a and this be agreeable to the rule of law in other case  of covenant and the like which be but agreement of the party it be agree in  all the book that general word may be restrain by particular word b deed be  not take in a grammatical construction but accord to the intent of the party  here it be plain the intent and contract go no further than the legacy and  this rule be the reason of the judgement in Nokes case c and it be a certain  rule that general word shall be restrain by particular accord to the intent if  they be all in one sentence as be the case of Jervis v plead d latter word  restrain by the former as well as e contra and so be the case of Broughton v  Cornway e and in the earl of Clanrickards case f and diverse material case put  when in the first part of a deed the agreement be about a particular thing  express in the latter general word shall be restrain by the former and so be  the case of Garnsford v Griffith g and sir George trenchard case h and nappers  case I in roll Abr be the case express the same with this the word be if a man  receive ten pound of another and by his deed acknowledge the receipt of it and  thereof release acquit and discharge he and of all action suit and demand by  this nothing be release but the ten pound and the action and demand for it for  the latter have a reference to the first and be so limit by they Trinity term  James in the king bench cite by Tanfeild shower KB destre issint adjudge and  this be the same with we in every respect here the intent be much more  manifest by the specification of what the five pound be for videlicet the  legacy and that be all that be intend in the other case where the sum only be  mention it may be intend by agreement to be in satisfaction of every thing  here it can be so in the case of abree v page king in debt a release plead of  all error action suit and writ of error whatsoever which the say John for any  matter c and I the say John be by these present exclude of writ or suit action  of error or suit whatsoever against he the say c and because of the apparent  intention only to release error hold that nothing else be release and it be  say by Hutton justice at the end of the case that it be adjudge in this court  in a writ of annuity a release plead that the plaintiff acquit he of one half  year payment and release to he all action suit and demand and resolve it do  only bar he but of the arrearage of rend which be much the same with that in a  Goodtitle v Bailey Cowp b   light c   d cro Elizabeth dyer e more f hob g sand  h latch I winch king hetley shower KB er p roll Abr morris v wise I have a  note of it too covenant to save harmless from a breach in the testator time  the defendant plead a release to he as executor make by Lord Grandison who  marry the widow c of all demand and all right in the brew vessel and in the  personal estate of sterling well aliter and hold no bar though nothing be  liable but the personal estate of the testator yet the intent be particular it  shall not be construe general though the word be so ancient a release of all  demand release a grow rend but the latter opinion be different as Henry hanson  m in debt on a bind for performance of covenant performance general plead  reply breach in nonpayment of rend reserve the defendant plead a release of  all demand and hold ill and the reason assign in siderfin n be the intent of  the party for the release be upon a award intend only to release thing in  controversy submit and that a release and the general word in it shall be  restrain and bind up accord to the intent of the party these be the word of  that report and as it be in the SC keb he say that the word demand be put in  company with other word shall be restrain by they as power to executor to  dispose or to let and set give no power to grant and though the word dispose  will carry it yet these general word have be restrain ever since Littleton  time this be the opinion of Windham shower KB justice and his word as that  book have they in all the case about release since Charles the first be time I  find that case in roll to be cite and never deny to be law as I can find in  any of they second but that which I most insist on be that this release extend  only to demand in his own right and not as executor oh by dyer and manwood p  upon evidence in debt if executor grant in all respects good svan the good  which they have as executor do not pass and so be Edward per Danby content if  a executor have no good in his own right for if they grant such and such a  thing in particular there it will ut res to greater extent to be strong how to  pass away I agree there be some old book to the contrary but the modern  opinion be as I say and so be dorrel v coll Q administrator grant in all  respects good et catalla svan a term which he have as administrator shall not  pass for it be not suum he have it not in his own right but if he have a lease  in a particular manor or farm as such and grant all his right in that manor or  farm the term will pass because he have no other right in it and his intent be  to pass it but by general word it will not pass the same reason here and more  so because this demand he have not upon his own account for he be a joint  executor the word be that to have in the singular number and can therefore be  only take for that which be single not with the other executor and this in  common parlance and with the lie gentle be always so understand in plead a  tenure or seize of land it must and will be intend a sole seize much more so  in grant or release where the intent and agreement be to govern the  construction in the case of Stoakes v Stoakes r which Mr justice dolbin cite  in there be a docquet of it Keble debt on a bind condition to pay young child  portion the defendant plead a release of all action suit and debt on his own  account and on issue upon his own account or not a verdict for the plaintiff  and move by Simpson in arrest of judgement that it be a jeofail for none can  say it be not on his own account be in his name except in equity but per  curian the release of that release only what he have the sole disposition of  much more so here when it be plain that this be no suit which he himself have  and as to the word any matter or thing whatsoever I answer it be not for any  other matter as it may have be and that show the intent to mean no other than  this videlicet any matter shower KB or cause concern the legacy as in the case  of roll all demand construe to be as concern the ten pound and there be no  difference between covenant and grant as to this particular of construe by  intent l mich term car b r keb m Hilary term car roll side n side oh Leon p  Lord Grandison v countess of ken cro Elizabeth Q cro Elizabeth r lev vent  shower KB er p sergeant levins e contra a release by one executor be certain a  bar to both and demand be the large word that can be use as if a executor  release all action it will discharge action which he have in his own right as  well as those which he have as executor cro Elizabeth Gillams case content  Arnold v Bridgod cro James holt chief justice then declare that if it have not  be in the case of a executor it will be a bar because perhaps the  consideration of pay the legacy without suit be the have a general release and  we be to favour release as tend to repose and quiet but this be not his own  suit a servant may have a action and that as for good svan take from his  possession but it be not in his own right in Fitzherbert naturan narrow places  executor bring not a action as for good svan if take in the testator time but  who to be testator the case of dorrel v Collins in the twentyfourth year of  queen Elizabeth and that of Leonard when it be doubt in the nineteenth year of  queen Elizabeth which be before that in croak and then all the judge give  their opinion that it be not his Quas to have be what he have in his own right  he himself it must be in his own right and not as executor much less as a  joint executor say adjornat pro resolution cur then the last paper day they  all seriatim deliver their opinion eyres justice the release be no bar because  it be plain by the pen of it that their intent be to release no more than what  he have in his own right for those word which he have follow the general word  do restrain they to that which he have in his own right William Downing can  have no to know facias in his own name for all must join in Edward pl in a  release hold there that the action be in another right there must be special  word to release what he have as executor Gregory justice the release be no bar  it appear upon the whole body of the deed that the original intent be but to  release the five pound legacy and the acknowledgement of satisfaction be hence  and accord to dyer the general word shall be restrain by the particular beside  any other construction will work a prejudice to a three person as the other  executor and the testator shower KB dolbin justice the word be sufficient to  release it but the intent must guide we if he have be sole executor the  release only release the five pound because this be not that which he have  accord to the case of Dorel v Collins cro Elizabeth holt chief justice I think  the case in roll no law it be only cite by Tanfeild but yet here in this case  the general word be not sufficient for if the particular word have be out it  will not have be a release for it can release only what he have in his own  right for he have it and his own be all one and this be not his own a executor  may have trespass for take good in his time quare good et catalla svan because  of the possession and so may a servant Brownl but if for trespass in the  testator time the word be who to be testator the good be not his if there be  any thing to pass without it then these word shall not pass it and so per  totan curian judgement for the plaintiff