coke b GRENELEYS case pasch James feoff to husband and wife and to the heir of  their two body the husband make a feoff in fee and die afterward the wife  before any entry by her die resolve at the commonlaw this feoff be a  discontinuance to the issue the husband and wife have a joint and undivided  estate tail and this joint estate of the husband and wife be within the word  of h cap by which statute no fine feoff or other act c by the husband only of  any coke report a er p manor land c of the inheritance or freehold of his wife  during the coverture c shall make any discontinuance or be prejudicial c to  the wife or her heir or to such as have right c by the death of such wife c  but that they may lawful enter c the issue be heir of their two body may enter  the Act h extend only to discontinuances in all case where the wife may have a  who in vita at commonlaw she shall enter by force of this statute and when the  issue can have sur who in vita or formedon he shall not enter within the  remedy of this statute SC Brownl in a ejection firm between Owen Greneley  plaintiff and Philip Greneley and other defendant on a demise make by Stephen  Greneley of three acre of land in saint super arrow in come Hereford and a not  guilty plead the jury give a special verdict to this effect William Woodhouse  and John badland be seize of the say three acre in fee and Oct Henry do  thereof feoff Philip Greneley the elder and Isabel his wife to have and to  hold to the say Philip and Isabel and to the heir of their two body lawful  beget the say Philip the elder I Dec Elizabeth do feoff Philip Greneley the  young of the say three acre in fee and afterward Elizabeth Philip the elder  die and Isabel survive he and afterward the say Isabel before any entry make  by her videlicet Elizabeth die and the say Stephen Greneley the lessor of the  plaintiff be heir of their two body beget pound and the only question in this  case be whether the say feoff of Philip the elder to Philip the young have  toll the entry of the say Stephen or that the entry of Stephen be lawful or  not it be resolve that at the commonlaw this a roll   light a b Plowd b a  feoff be a discontinuance to the issue for the issue ought to claim as heir of  their two body individual and as heir to one only he can inherit and by  consequence can enter for his entry ought to ensue his title and his action  and the formedon in the descender in such case be quod c devoted to d e of or  belonging to a wife he hredibus de substantial object Self d etb to go out  etquod post death predict d etb prfalo king son et hred the same d et b to  climb down debet per form donation predict king Orig b by which it appear that  in this coke a formedon he ought to make himself heir to both and not to the  survivor so if the say donee have be seize and a descent cast and afterward  the father die and before entry the mother die the entry of the issue be not  congeable because he ought to claim as heir of both their body and as heir to  the father he be bind by the descent as his father himself be and as heir to  his mother only he can enter for he have not any such title vide Henry b in  assize but if the mother in such case have enter and recontinued the estate  tail then the discontinuance be purge and utter remove and the estatetail  actual revested in the wife which after her death descend to the issue it be  resolve that although the husband and wife have a a   light a a joint and  undivided estatetail a though a devise to a and b who be stranger to and have  no connection with each other create a jointtenancy the conveyance by one of  who sever the jointtenancy and passes a moiety yet it have be settle for age  that when the devise be to the husband and wife they take by entireties and  the husband alone can by his own conveyance without join his wife divest the  estate of the wife per Lord Kenyon do v parral TR Vid green v king black Rep  back v Andrews vern a and that the word of Henry cap be that no fine feoff or  other act or act hereafter to be make suffer or do by the husband only of any  manor land tenement or hereditament be the inheritance or freehold of his wife  during the coverture between they c that this jointestate be within these word  the inheritance a cro car a or freehold of his wife for she have a freehold  and inheritance in the land although she have not the sole freehold or  inheritance so have it be always take upon the stat of Westminster b Inst b  cap in grammatical case when man to send away per coke report b er p default  tant quod to be law wife sum c near quod king statuit quod mulier post death  man Himself to have to retake per breve de who vita c that a jointestate to  husband and wife have be always take within these word law wife and yet non to  be solum or unicum c Inst cro car c law wife and accord to this resolution in  the principal case be it adjudge in d   b cro car Jones d Beaumont case and  therewith agree e dyer pl hob e Elizabeth dyer b Haldrys case it be resolve  that by the say Act f   light a Brownl f the entry of the issue in tail be  lawful in the case at bar for the word of the Act go far shall in anywise be  or make any discontinuance or be prejudicial or hurtful to the say wife or to  her heir or to such as shall have right title or interest to the same by the  death of such wife or wife but that the same wife or her heir and such other  to who such right shall appertain after her decease shall or may then lawful  enter into all such manor land tenement and hereditament accord to their right  and title therein so that if the issue in tail shall not be within these word  her heir because he be heir to both know to father and mother yet without  question he be within these word or to such as have right by the death of such  wife and in this case a difference be take and agree between a discontinuance  which imply a wrong and a lawful bar which imply a right and therefore if land  be give to husband and wife and to the heir of their two body beget and the g    b   a dyer pl Inst hob more Brownl Leon Dall in kelw pl Dall in ash pl Dall  pl and pl godb n bendl pl bendl in ash pl bendl in kelw pl roll Rep roll Rep  more pl pl Cr car Jones   light Rep g husband levy a fine with proclamation  coke b or commit high h   a a dyer pl hob and pl godb raym roll Rep more pl  more Brownl cro car Jones h treason and die and the wife before or after entry  die there the issue be bar and the conusee or the king have right to the land  because the issue can claim as heir to both and therewith agree Elizabeth b  adjudge vide Henry I dyer pl I colt assize and it be resolve that the stat of  Henry extend only to discontinuances although the Act have general word or be  prejudicial or hurtful to the wife or her heir c but the conclusion be shall  lawful enter c accord to their right and title therein which they can do when  they be bar and have no right title or interest and this statute give  advantage to the wife c so long as she have right but it do not extend to take  away a future bar although the statute give entry without limitation of any  time but the entry ought to wait upon the right and therefore if the husband  levy a fine with proclamation to another and die now the wife king roll Rep    b   b   light a dyer pl cro car king may enter by force of the statute for yet  the fine be not any bar to her but her right remain which she may recontinue  by entry but if she surcease her time a   a   b a die pl palm Goldsb Leon more  roll Rep Inst cro James a and five year pass without entry c now by force of  the fine with proclamation and five year pass after the death of her husband  she be bar of her right and by consequence she can enter and the statute speak  of fine only and not of fine with proclamation and therewith agree the e die b  and it be resolve that if the husband be tenant in tail the remainder to the  wife in tail that if the husband make a feoff in fee and die without issue the  wife may enter because it be the inheritance of the wife but if the husband  suffer a common recovery and die without issue there the wife be bar and can  enter by force of this statute but this statute be make to relieve he who have  right and to suppress wrong and coke report a er p to advance right without  any respect to the warranty of the discontinuance if he have any and if b   a    light a b before the statute de gift conditional land have be give to  husband and wife and the heir of their two body beget and they have issue and  the husband post offspring suscitatem alien and die before the statute and the  wife survive and die after the statute the issue shall have a formedon for  notwithstanding the say alienation a right remain forasmuch as the husband  only alien which right be entail by the statute and before the statute the  issue in such case may have a sur who in vita and claim as heir of the body of  both for the feoff be no bar but a discontinuance and therewith agree Edward a  b Henry and in all case where the wife may have a who in vita at commonlaw she  shall enter by force of this statute of Henry and where the issue can have sur  who in v ita or formedon there he shall not enter within the remedy of this  statute and therefore if the husband have issue and alien and the wife die the  issue shall not enter c more   light a c during coke a the life of the husband  because at the commonlaw he have no remedy to recover the land during the  husband life and the word of the Act be accord to their right and title  therein but if the husband alien and afterward the wife d   light a more d be  divorce causan prcontractus or any other divorce which dissolve the marriage a  chain marriage there the wife during the husband life may enter for the word  of the Act be no fine feoff c during the coverture between they and although  afterward the husband and wife be divorce yet the feoff be make during the  coverture between they and although the statute say but that the same wife c  that be to be intend of her who be his wife at the time of the alienation for  when the husband die she be not then his wife but she be call wife to describe  the person only who shall enter and it be not say in the statute that the wife  shall enter after the death of her husband but general that she shall enter  accord to their right and title be it in the life of the husband after a  divorce a chain marriage or after his death