MAXIMS OF THE LAW. 169 



laches to him, because an executorship is pium officium, and 

 matter of conscience and trust, and not like a purchase to 

 a man s own use. 



Like law is, where the debtor makes the debtee his 12 H. 4. 22. 

 executor, the debt shall be considered in the assets, not- ^y 1 5 

 withstanding it be a thing in action. 37 H. 6. 32. 



So if I have a rent charge, and grant that upon condi- 6 E 6 Cond. 

 tion, now though the condition be broken, the grantee s 133. 6. 

 estate is not defeated till I have made my claim ; but if Lit , 352 

 after any such grant my father purchase the land, and it 

 descend to me ; now, if the condition be broken, the rent 

 ceaseth without claim : but if I had purchased the land 

 myself then I had extincted mine own condition, because I 

 had disabled myself to make my claim : and yet a condition 

 collateral is not suspended by taking back an estate ; as if 20 H. 7. per 

 I make a feoffment in fee, upon condition that I. S. shall Po1 - 

 marry my daughter, and take a lease for life from my feoffee, Barr 16 2 l 

 if the feoffee break the condition I may claim to hold in by 

 my fee-simple ; but the case of the charge is otherwise, for 

 if I have a rent charge issuing out of twenty acres, and 

 grant the rent over upon condition, and purchase but one 

 acre, the whole condition is extinct, and the possibility of 

 the rent, by reason of the condition, is as fully destroyed as 

 if there had been no rent in esse. 



So if the King grant to me the wardship of I. S. the 30 II. 6. Fitz. 

 son and heir of I. S. when it falleth ; because an action of Grants 91. 

 covenant lieth not against the King, I shall have the thing 

 myself in interest. 



But if I let land to I. S. rendering a rent with condition 

 of re-entry, and I. S. be attainted whereby the lease comes 

 to the King, now the demand upon this land is gone, which 

 should give me benefit of re-entry, and yet I shall not have 

 it reduced without demand ; and the reason of difference 7 H. 6. 40. 

 is, because my condition in this case is not taken away in 

 right, but only suspended by the privilege of the possession : 

 for if the King grant the lease over, the condition is revived 

 as it was. 



Also if my tenant for life grant his estate to the King, 

 now if I will grant my reversion over, the King is not com- 

 pellable to atturn, therefore it shall pass by grant by deed 

 without atturnment. 



So if my tenant for life be, and I grant my reversion pur 9 Ed. 2. Fitz. 

 autre vie, and the grantee die, living cestui que vie, now the Atturnments 

 privity between tenant for life and me is not restored, 

 and I have no tenant in esse to atturn ; therefore I may pass 

 my reversion without atturnment. Quod nota. 



