case gilbert earl OF Coventry vers whether countess dowager OF Coventry enter  hill geo rot in b r where tenant for life of the reversion of land which be in  lease for life by virtue of the follow power under a settlement that it shall  be lawful for every person who shall be actual seize of the freehold of the  premise limit in use to make lease of any part thereof which have be usual let  for life or year of which he shall be so actual seize by virtue of the  limitation aforesaid by indenture for any term not exceed twentyone year or  determinable on one two or three life c so as there be not in any part of the  premise so lease at a one time any more or great estate or estate than for  twentyone year or for three life or for any number of year determinable upon  three life make several lease for ninetynine year to commence from the death  of a remain life ill a former lease the court determine they to be in  pursuance to the power under the settlement Powell on pow p above p this be a  issue direct out of the court of chancery to try the validity of five lease  make by Thomas earl of Coventry husband of the defendant the first lease be by  indenture date the that of may to S shepherd and h crow for year from the  comens death of sir Thomas haslewood Bart if the defendant shall so long live  render d per annum after the death of the say sir Thomas haslewood the second  be by a indenture date the that of July to they for year from the death of  nest bishop if the defendant and Richard leg shall so long live render S d per  annum after the death of the say nest bishop and a heriot or upon every death  the three be by a indenture date the that of July to they for the same term  from the death of armell Green at the rend of S d and a heriot or c the four  be by a indenture date the that of July for the same term comens er p the five  be by a indenture date the d of July for the same term upon the trial before I  Blencow at the assize at Worcester a special verdict be find that Thomas Lord  Coventry make a lease of the land in the second lease to William bishop for  year if he Robert bishop his son and nest bishop his daughter shall so long  live render S d per annum and a heriot or for every death and do suit c that  he or his ancestor lease the land in the other lease for year if three life so  long live that Thomas Lord Coventry be seize of the reversion expectant upon  these several lease upon the marriage of Thomas his old son with the defendant  by indenture date the that of Jan convey the say land to the use of himself  for life remainder to Thomas his old son for life remainder to his first and  other son in tail male remainder to Gilbert his second son the now plaintiff  for life c with a power to make lease in these word provide it shall be lawful  for every person who shall be actual seize of the freehold of the premise  herein before limit to he in use to make lease of any part thereof which  comens bath be usual let by lease for life or year of which he shall be so  actual seize by virtue of the limitation aforesaid by indenture for any term  not exceed year or determinable on one two or three life so as on every such  lease be reserve and make Payable during the continuance of such lease the  accustom rend or more or as much as can be reasonable get for the same so as  no such lease be make dispunishable of waste and so as there be not any part  of the premise so lease at any one time any more or great estate or estate  than for year or for three life or for any number of year determinable on  three life that pasch W m a fine be levy of the land to the same use that the  Lord Coventry die and Thomas the husband of the defendant enter and be seize  for his life and make the first lease on the that of may that the rend reserve  be the ancient and accustom rend that all the life except the life of sir  Thomas haslewood be determine at the time of make this lease that sir Thomas  haslewood attorned tenant pursuant to this lease that he afterward make the  several other lease upon which the ancient rend be reserve and that no prior  estate continue in be in any of they except a term for year determinable upon  a single life and the single question upon this special verdict be whether  these lease be pursuant to the power and I argue that these lease be pursuant  to the power that they be make by the husband of the defendant who be then  seize of the freehold by virtue of the limitation in the settlement that they  be make of land usual lease for life or year that they be make by indenture  for a term of year determinable upon one or two life render the accustom rend  not dispunishable of waste and that there be not upon any of the land demise  more or great estate than estate for year determinable upon three life comens  the principal objection be that the lease make by the earl of Coventry be  lease in reversion and I argue that where a power be annex to the estate of  one in possession to make lease without say in reversion he can make a lease  in possession only and not a lease in reversion to commence in going to be   a  more cro Yelv Brownl a so if the power be to make lease for one two or three  life be can make a lease for a life not in be ray but if the power be annex to  a settlement of land part in possession and part in reversion to make lease in  possession or reversion he may make a lease in reversion of land not in  possession   b Whitlocks case winter and Loveday salk so if the power to make  lease annex to a settlement of estate demise for life or year be express  confine to make lease in possession a lease in reversion or in going to be be  not warrant by such power Sid keb raym S c pow on pow p a lev S c comens er p  so where a man have power to make a lease pursuant to a power he shall not  make a second lease to commence pursuant to his power Leon Leon Leon S c b  salk but where a man make a settlement of the reversion of land demise for  life or year to the use of b for life with power to make lease general he may  make a lease during the continuance of a former lease to commence after the  former otherwise his power will be ineffectual and this be agree in the  marquis of Northampton case Leon Leon die a roll pl lev side comens the intent  of this power seem to be that the party have such power shall fill up the life  as they drop and if he have do this upon a surrender of the former lease  without doubt it will have be good and if this be do by another lease of the  reversion it seem to be the same thing in effect for the estate of he in  remainder be not prejudice more in the one case than in the other for if a  lease upon the surrender of a former lease be to be make determinable upon  three life it will be of equal duration and equal disadvantageous to he in  remainder or reversion as if there be two lease which both determine upon the  same life and it will be unreasonable that the prior lessee shall have the  power to defeat the execution of a power by his surrender up his lease or not  and it seem to be agreeable to the intent of the power in this case that he  who have the freehold by virtue of the limitation in the settlement shall be  enable to make lease for it be the sole qualification require in he for  exercise the power and all the other requisite as to the manner of exercise  his power re find by the verdict to be observe there can be no doubt but upon  this requisite so as there be not at any one time any more or great estate  than for twentyone year or for three life or for year determinable on three  life and these word show that it be not the intent of the power td confine the  party that he shall make but one lease for it appear by the word in the plural  number that several estate be allow at the same time but all be to be  determinable on three life as to the objection that in some of the lease the  same heriots be not reserve as be before comens I answer that the power  require only that the ancient and accustom rend be reserve and if this be  reserve the reservation of heriots and other casual profit be not necessary    Litt b   cro more if it be object that this lease be not a lease of the  reversion but a lease to commence at a future day for each lease be for  ninetynine year to commence from the death of the remain life in the former  lease that will make no difference for the one lease as well as the other be  to take effect at the same time when the other determine and though it be to  commence after the death of the remain life and the prior lease may determine  before by forfeiture or surrender yet forfeiture or surrender shall not be  presume a lease to commence from the death of a prior lessee for life will be  good and after many argument the court be of opinion that lease make by Thomas  earl of Coventry be good pursuant to the power give he by the settlement in  the case of baines v belson report in raym p a lease be make for twentyone  year under a similar settlement with the present to commence after the death  of I and m who be tenant for life at the time of make the settlement and the  court determine the power to be ill execute the lease be to commence in going  to be comens de term sanct mich geo in c b